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

• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×·via § 1983 Suit
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Jones v. Mabry
  723 F.2d 590· 8th Cir.· 1983-11-30 ·cited 38×
  The dissenting judge would dismiss the case as moot because the issues are no longer live due to new regulations and the removal of the challenged classification and restrictions.
• Keniston v. Roberts
  717 F.2d 1295· 9th Cir.· 1983-10-05 ·cited 38×
  The court held that the plaintiff's allegations were sufficient to invoke federal jurisdiction for a due process claim, and that the district court abused its discretion by denying leave to amend the complaint.
• Glass v. Pfeffer
  657 F.2d 252· 10th Cir.· 1981-08-03 ·cited 38×
  The court held that an appeal is timely if filed within 30 days of the final order deciding all issues, including attorneys' fees, and that attorneys' fees cannot be assessed against counsel under 28 U.S.C. § 1927 without notice and a hearing.
• Lutcher v. Musicians Union Local 47
  633 F.2d 880· 9th Cir.· 1980-12-08 ·cited 38×
  The court held that a plaintiff's status as an independent contractor does not preclude a Title VII claim against a union for interfering with employment opportunities, and that a genuine issue of material fact existed regarding the School District's motive for contract non-renew
• LEE v. Joseph "Scooter Joe" Willins
  617 F.2d 320· 2d Cir.· 1980-03-17 ·cited 38×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prosecutors are absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, even if those actions involve alleged misconduct like coercing testimony or planting evidence, if the resulting harm is directly tied to the prose
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×·via Section 1983
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  581 F.2d 556· 5th Cir.· 1978-10-06 ·cited 38×
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff failed to demonstrate that the defendants acted under color of state law to deprive him of constitutional rights, or that they conspired with the requisite discriminatory animus for § 1985 claims.
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff's claim was time-barred because the prior mandamus action did not toll the statute of limitations for her § 1983 claim. The court also found that the plaintiff's due process rights were not violated.
• Kimbrough v. Ark. Activities Ass'n
  574 F.2d 423· 8th Cir.· 1978-04-18 ·cited 38×
  The court held that a plaintiff who obtains interim relief on a non-constitutional ground can be considered a prevailing party eligible for attorney's fees under 42 U.S.C. § 1988.
• Khalieb McKINNON v. Patterson
  568 F.2d 930· 2d Cir.· 1977-09-15 ·cited 38×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that while prisoners are entitled to due process before being placed in keeplock, damages and expungement were not warranted, and the notice requirement applies to keeplock.
• Eskel Norbeck v. Davenport Cmty. Sch. Dist.
  545 F.2d 63· 8th Cir.· 1976-11-29 ·cited 38×
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the District Judge's decision should be affirmed.
• Stuart M. Christhilf, Jr., M.D. v. The Annapolis Emergency Hosp. Ass'n, Inc.
  496 F.2d 174· 4th Cir.· 1974-04-23 ·cited 38×
  The court held that the hospital board denied the physician procedural due process by limiting his ability to defend against past infractions considered as 'historical background' rather than examining their merits.
• Ihrke v. N. States Power Co.
  459 F.2d 566· 8th Cir.· 1972-05-03 ·cited 38×
• Nationwide Amusements, Inc. v. Nattin
  452 F.2d 651· 4th Cir.· 1971-12-09 ·cited 38×·via § 1983 Suit
  The court held that the district court erred in dismissing the case on the merits when it was before the court only on a motion for a preliminary injunction, without adequate notice to the parties.
• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• Attwood v. Singletary
  105 F.3d 610· 11th Cir.· 1997-02-11 ·cited 37×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Robert Attwood appealed the dismissal of his § 1983 civil rights claims and imposition of Rule 11 sanctions. The court affirmed, finding that Attwood filed false in forma pauperis affidavits claiming indigency despite prior judicial determinations that he was not indigent, and th
• Gobel v. Maricopa Cnty.
  867 F.2d 1201· 9th Cir.· 1989-02-09 ·cited 37×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prosecutors are not absolutely immune for investigative actions or public statements unrelated to the judicial phase of a prosecution, and a county can be liable under § 1983 if its elected officials act as policymakers.
• Rinker v. Cnty. OF Napa
  831 F.2d 829· 9th Cir.· 1987-10-22 ·cited 37×
  The court held that the jury instructions for the § 1983 claim were erroneous because they allowed liability based on mere negligence, contrary to Supreme Court precedent. Therefore, the denial of the motion for judgment notwithstanding the verdict was reversed.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×·via Section 1983
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×·via § 1983
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• McFADDEN v. Lucas
  713 F.2d 143· 5th Cir.· 1983-09-01 ·cited 37×·via Section 1983
  The court held that the plaintiff's complaint failed to state an arguable violation of his Eighth Amendment rights and that the district court did not abuse its discretion in denying his motion to intervene in a related class action. The dismissal of damages claims was affirmed,
• Daniels v. Williams
  720 F.2d 792· 4th Cir.· 1983-08-24 ·cited 37×·via 42 U.S.C. § 1983 Action
  The Parratt analysis applies to negligent deprivations of nonproperty interests, and Virginia's common law negligence action provides a meaningful postdeprivation remedy, thus no procedural due process violation occurred.
• Ealy v. Talmadge Littlejohn
  569 F.2d 219· 5th Cir.· 1978-03-08 ·cited 37×·via 42 U.S.C. § 1983 Action
• Rancho Palos Verdes Corp. v. City OF Laguna Beach
  547 F.2d 1092· 9th Cir.· 1976-12-28 ·cited 37×
  The court held that the district court did not err in abstaining from exercising federal jurisdiction while retaining jurisdiction over federal claims pending resolution of state law issues in state court.
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• Meredith v. Fair
  298 F.2d 696· 5th Cir.· 1962-01-12 ·cited 37×
• Levine v. Kaplan
  687 So. 2d 863· Fla. 5th DCA· 1997-01-17 ·cited 36×
  A lawsuit is properly dismissed for failure to prosecute under Florida Rule 1.420(e) when there is no record activity for one year and the plaintiff fails to show good cause, which requires proof of a compelling reason preventing active prosecution rather than mere assertions of
• Michenfelder v. Sumner
  860 F.2d 328· 9th Cir.· 1988-10-26 ·cited 36×·via 42 U.S.C. § 1983 Action
  The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
• Loudermill v. Cleveland Bd. OF Educ.
  844 F.2d 304· 6th Cir.· 1988-04-06 ·cited 36×
  The court held that the Board of Education could assert its pretermination defense for the first time on remand, and that the pretermination procedures provided to Loudermill satisfied due process requirements. The court also affirmed the award of attorneys' fees to Loudermill as
• Brennan v. Stewart
  834 F.2d 1248· 5th Cir.· 1988-01-07 ·cited 36×
  The court held that the district court erred in dismissing Brennan's claims for prospective relief against the Board members in their official capacities due to the Eleventh Amendment, but affirmed the dismissal of his constitutional claims on the merits.
• Duggan v. Bd. OF Educ. OF E. Chicago Heights
  818 F.2d 1291· 7th Cir.· 1987-04-24 ·cited 36×·via Section 1983
  Unreviewed factual findings of a state or local agency should not be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act (ADEA).
• van Sickle v. Judges William J. Holloway
  791 F.2d 1431· 10th Cir.· 1986-05-28 ·cited 36×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court properly dismissed the case as frivolous and malicious under 28 U.S.C. § 1915(d), and alternatively, that the federal district court lacked subject matter jurisdiction to review the state court decisions.
• Hameetman v. The City OF Chicago
  776 F.2d 636· 7th Cir.· 1985-09-30 ·cited 36×
• Zelma Jones v. Phyfer
  761 F.2d 642· 11th Cir.· 1985-05-28 ·cited 36×
  The court held that the plaintiff failed to establish a "special relationship" required to impose a constitutional duty on the state to protect her from the criminal acts of a third party, thus affirming the dismissal.
• Ware v. Reed
  709 F.2d 345· 5th Cir.· 1983-07-11 ·cited 36×
  The court held that the jury instructions on the plaintiff's federal claims were deficient and misleading, requiring reversal and a new trial.
• Cheyney State Coll. Faculty & E. Sonny Harris & Arthur M. Bagley & Ernest Berry v. Hufstedler
  703 F.2d 732· 3d Cir.· 1983-03-30 ·cited 36×
  A district court's stay order pending administrative proceedings is not a final decision and thus not immediately appealable under 28 U.S.C. § 1291, but may be reviewed via writ of mandamus if the district court clearly abused its discretion.
• Ellis v. City OF Chicago
  667 F.2d 606· 7th Cir.· 1981-12-15 ·cited 36×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that plaintiffs' failure to object to a jury instruction in the district court precludes appellate review, and that evidentiary rulings and the refusal to allow leading questions on direct examination did not constitute reversible error absent a showing of prejudic
• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• White v. Walsh
  649 F.2d 560· 8th Cir.· 1981-05-15 ·cited 36×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's pro se complaint, alleging a conspiracy to impanel an all-white jury over his objections, was sufficiently specific to withstand a motion to dismiss under 42 U.S.C. § 1983.
• Welsch v. Likins
  550 F.2d 1122· 8th Cir.· 1977-03-09 ·cited 36×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that while federal courts can order states to meet constitutional standards for institutions, they should avoid directly enjoining state fiscal laws that impede compliance, especially when legislative action is pending. The court affirmed most orders but vacated an
• Wiley v. Memphis Police Dep't
  548 F.2d 1247· 6th Cir.· 1977-02-10 ·cited 36×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that police officers were justified in using deadly force to apprehend fleeing burglars under Tennessee law, and that the officers acted in good faith, relying on the presumption of constitutionality of the relevant statute.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that overstaffing is not a basis for applying Article 7 layoff procedures and that mixed-motive terminations require inquiry into the decision-maker's motives.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×·via § 1983
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.