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

• Gerald M. and Maureen M. v. Conneely
  858 F.2d 378· 7th Cir.· 1988-10-03
  The court held that the officers had probable cause to detain the Macek boys, their brief separation from parents was constitutional, and Mrs. Macek voluntarily consented to the officer's entry into her home.
• Crooks v. Honorable John H. Maynard
  851 F.2d 1562· 9th Cir.· 1988-07-26 ·via 42 U.S.C. § 1983 Action
  The court held that the case must be remanded to the district court for further factual development regarding the judge's actions and jurisdiction before determining immunity.
• Shelly v. Johnson
  849 F.2d 228· 6th Cir.· 1988-06-14 ·via 42 U.S.C. § 1983 Action
  The court held that Michigan prison hearing officers are entitled to absolute judicial immunity for their official acts, affirming the grant of summary judgment.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18 ·via 42 U.S.C. § 1983 Action
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Zenco Dev. Corp. v. City OF Overland
  843 F.2d 1117· 8th Cir.· 1988-04-05 ·via 42 U.S.C. § 1983 Action
  The court held that Zenco did not possess a protectable property interest in the renewal of its municipal liquor license under Missouri law.
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• Dempsey v. Ladd
  840 F.2d 638· 9th Cir.· 1988-03-09
  The court held that the state agencies were not obligated by Section 504 of the Rehabilitation Act to provide service payments for a mentally handicapped individual placed in a private facility of his choice, as he was not an "otherwise qualified handicapped individual" under sta
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04 ·via § 1983
  The court held that the plaintiffs were barred by collateral estoppel from relitigating issues already decided in a prior action against law enforcement officers, and that the temporary protective detention of minor children was a constitutional consequence of their mother's lawf
• Lyons v. Powell
  838 F.2d 28· 1st Cir.· 1988-02-04 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court erred in dismissing the pro se complaint for failure to state a cause of action, as the alleged conditions of confinement might constitute punishment violating due process rights.
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20 ·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 case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23 ·via 42 U.S.C. § 1983 Action
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Johnson v. Smith Cnty.
  834 F.2d 479· 5th Cir.· 1987-12-21 ·via 42 U.S.C. § 1983 Action
  The court held that the district court's finding of effective consent to search was not clearly erroneous, and that the plaintiffs failed to prove a county policy of warrantless searches.
• Damyn v. Brierton
  833 F.2d 1454· 11th Cir.· 1987-12-14 ·via 42 U.S.C. § 1983 Action
  The court affirmed the jury verdict, finding the case was fairly tried and the evidence did not mandate a judgment for the plaintiff.
• Angell v. Leslie
  832 F.2d 817· 4th Cir.· 1987-10-27 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in finding a First Amendment violation and awarding damages, as the plaintiff's suspension was not based on symbolic speech related to pre-signed warrants, and punitive damages are not recoverable against a municipality.
• Haskell Levi Chapoose Ad Litem v. Hodel
  831 F.2d 931· 10th Cir.· 1987-10-22 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the children's civil rights claims were properly dismissed, but remanded the case for a factual inquiry into their entitlement to attorney fees under the Equal Access to Justice Act.
• Duncan v. City of Golden Beach
  662 F. Supp. 974· S.D. Fla.· 1987-07-06
  The court held that the § 1983 claims were not separate and independent from the state law claims, thus not removable under 28 U.S.C. § 1441(c).
• Quam v. Minnehaha Cnty. Jail
  821 F.2d 522· 8th Cir.· 1987-06-30 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's pro se status does not exempt them from summary judgment rules, and the denial of jail privileges did not violate due process without a state-created liberty interest.
• Crooks v. Honorable John H. Maynard
  820 F.2d 329· 9th Cir.· 1987-06-24 ·via 42 U.S.C. § 1983 Action
  A judge is absolutely immune from liability for issuing a contempt order to enforce an administrative order concerning court personnel, as this is a judicial act not performed in the clear absence of jurisdiction.
• Lendo v. Garrett Cnty. Bd. OF Educ. & Jerome J. Ryscavage & Luther D. Parrack, Jr.
  820 F.2d 1365· 4th Cir.· 1987-06-19 ·via 42 U.S.C. § 1983 Action
  The court held that while the claim based on the January 1981 evaluations is time-barred, the claim based on the April 1981 denial of tenure is not, as it constitutes a separate retaliatory act.
• Paoli v. Lally
  812 F.2d 1489· 4th Cir.· 1987-03-09 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's transfer between facilities does not implicate a liberty interest protected by the Due Process Clause absent a state statute or regulation creating such an interest, and that the plaintiff's unique circumstances justified disparate treatment under
• The Fed. Land Bank OF Omaha v. Gibbs
  809 F.2d 493· 8th Cir.· 1987-01-14 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court correctly dismissed the RICO, section 1983, and antitrust claims as vague and conclusory, and properly remanded the remaining claims to state court.
• Dalton Ray Goolsby v. The City OF Montgomery
  805 F.2d 1008· 11th Cir.· 1986-12-10
  The court held that a post-deprivation hearing can cure procedural irregularities when state law provides adequate post-deprivation remedies, and that the plaintiff received such an adequate hearing.
• Smith v. Harvey
  648 F. Supp. 1103· M.D. Fla.· 1986-10-03
  A public employer may voluntarily adopt an affirmative action plan if it is narrowly tailored to remedy past discrimination, does not unnecessarily trammel the interests of non-minorities, and is temporary.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• COX v. Norton
  797 F.2d 329· 6th Cir.· 1986-07-31 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claim was barred by res judicata because the issue of due process regarding the special assessment had been fully litigated in prior state and federal court actions.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Dunster v. Metro. Dade Cnty.
  791 F.2d 1516· 11th Cir.· 1986-06-24 ·via 42 U.S.C. § 1983 Action
  A jury verdict based on a negligence theory cannot sustain a Fourteenth Amendment due process claim, and Fourth Amendment claims were abandoned.
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16 ·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
• Deibler v. The City OF Rehoboth Beach
  790 F.2d 328· 3d Cir.· 1986-05-05
  The dissenting judge would affirm the district court's decision, finding a rational basis for the city's requirement that candidates be current in their property taxes.
• Vintson v. Anton
  786 F.2d 1023· 11th Cir.· 1986-04-14 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the appointment of election officials in Walker County, Alabama, satisfied federal constitutional standards and Alabama law, as substantial Republican representation ensured bipartisanship and prevented fraud.
• Fleming v. Moore
  780 F.2d 438· 4th Cir.· 1985-12-26 ·via 42 U.S.C. § 1983 Action
  A federal court cannot relitigate libel issues already decided by state courts, and a Section 1983 action is not a proper avenue to challenge state court judgments when the proper remedy is appeal to the U.S. Supreme Court.
• Clayton v. Thurman
  775 F.2d 1096· 10th Cir.· 1985-09-30 ·via 42 U.S.C. § 1983 Action
  The court affirmed the award of attorneys' fees and costs to the prevailing plaintiffs in a § 1983 action, finding no abuse of discretion in the trial court's determination of prevailing party status, reasonable hours, rates, and enhancement for exceptional success. The court dis
• Tierney v. Black
  774 F.2d 863· 8th Cir.· 1985-09-27 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the appellant's due process claim regarding the discontinuation of a commutation program, as the due process aspect was not fully developed.
• Berniece A. Shank v. Al Naes
  773 F.2d 1121· 10th Cir.· 1985-09-20 ·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in submitting the issue of liability and qualified immunity to the jury, nor in denying motions for a new trial based on alleged judicial and counsel misconduct.
• CHU v. Griffith
  771 F.2d 79· 4th Cir.· 1985-08-30 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the imposition of a $1,000 attorney sanction was warranted and affirmed the district court's decision, while also awarding costs and attorney's fees for the appeal.
• Nakao v. Rushen
  766 F.2d 410· 9th Cir.· 1985-07-18 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no reasonable expectation of privacy in his cell, thus the Fourth Amendment does not apply to cell searches.
• Pietroniro v. Borough OF Oceanport
  764 F.2d 976· 3d Cir.· 1985-06-18 ·via 42 U.S.C. § 1983 Action
  The court held that the evidence was insufficient as a matter of law to support the jury's verdict that the plaintiff was denied relocation assistance as required by federal law.
• Pleasant View Elementary Sch. PTA & Myra Freer & Wilbur H. Friedman v. Grp. 1
  763 F.2d 652· 4th Cir.· 1985-06-06
  The court held that the defendants provided the minimal elements of due process and that the school board's decision had a rational basis, thus affirming the dismissal of the plaintiffs' claims.
• Cole v. Benson
  760 F.2d 226· 8th Cir.· 1985-04-26 ·via 42 U.S.C. § 1983 Claim For Damages
  The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
• Garcia v. The Colo. State Bd. OF LAW Exam'rs
  760 F.2d 239· 10th Cir.· 1985-04-25 ·via Section 1983
  The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.
• Hurd v. Officer Romeo. Appeal of Charles David Hurd
  752 F.2d 68· 3d Cir.· 1985-01-07 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
• Haley v. Walker
  751 F.2d 284· 8th Cir.· 1984-12-28 ·via 42 U.S.C. § 1983 Action
  The court held that an attorney appointed by a federal court cannot be sued under 42 U.S.C. § 1983 because such action is not taken under color of state law. The court also denied a petition for writ of prohibition and a request for interlocutory appeal.
• J.C. Sims v. Wyrick
  743 F.2d 607· 8th Cir.· 1984-09-10 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that even if a prison policy banning Black Panther literature was unconstitutional, the inmate could not recover damages because the loss of his transcript was not proximately caused by that policy, but by inadvertence or theft.
• Francis v. Marquez
  741 F.2d 1127· 9th Cir.· 1984-08-28 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by dismissing the section 1983 action outright instead of continuing the case to allow the inmate to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a)(1).
• Lucero v. Russell
  741 F.2d 1129· 9th Cir.· 1984-08-28 ·via 42 U.S.C. § 1983 Action
  The court held that an inmate's administrative transfer to maximum security without a hearing does not violate the Due Process Clause.
• Rynecki v. State OF Conn. Dep't OF Soc. Servs.
  742 F.2d 65· 2d Cir.· 1984-08-14 ·via 42 U.S.C. § 1983 Action
  The court held that collateral estoppel bars relitigation of claims already decided by state courts, and the state's interest in paternity suits does not violate constitutional rights.
• Elias Rand, M.D. v. Perales
  737 F.2d 257· 2d Cir.· 1984-06-15
  The court held that Dr. Rand received constitutionally adequate notice and opportunity to be heard, thus satisfying due process requirements.
• Sowers v. City OF Fort Wayne
  737 F.2d 622· 7th Cir.· 1984-06-14 ·via 42 U.S.C. § 1983 Action
  Firefighters demoted without notice or hearing had a property interest in their ranks protected by due process, and their promotions were not invalidated by a prior court ruling concerning other demotions.
• Cain v. The State OF Ark. & Ark. State Podiatry Bd.
  734 F.2d 377· 8th Cir.· 1984-05-15 ·via 42 U.S.C. § 1983 Action
  The court held that the Eighth Amendment does not apply to civil license revocation proceedings and that claims were barred by res judicata and the Eleventh Amendment.
• Archer v. Individually
  723 F.2d 639· 8th Cir.· 1983-12-29 ·via 42 U.S.C. § 1983 Action
  The court held that a guardian for minor children lacked standing to bring a Section 1983 action based on the deceased father's alleged constitutional rights violations.