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Tag Archives: 42 U.S.C. §1983

Civil Rights: 42 U.S.C. §1983-Appellate Review-Failure to Provide Transcripts

Plaintiff appealed from the district court’s adverse grant of judgment in her §1983 claim. Where plaintiff failed to provide a transcript of the district court proceedings, the court was precluded from meaningful appellate review. Judgment is affirmed. Sanders v. Chapman ...

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Civil Rights: 42 U.S.C. §1983-Prison Inmate-Deliberate Indifference to Medical Needs

Plaintiff appealed from the adverse grant of summary judgment in his §1983 action alleging deliberate indifference to his serious medical needs. Where plaintiff failed to show that defendants acted with more than gross negligence or a culpability similar to criminal ...

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Civil Rights: 42 U.S.C. §1983-Pretrial Detainee-Deliberate Indifference to Medical Needs

Plaintiff appealed from the adverse grant of summary judgment in his §1983 action alleging deliberate indifference by corrections officers to his medical and psychiatric needs. On appeal, plaintiff contended that the district court considered inadmissible evidence, impermissibly resolved factual disputes ...

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Civil Practice: 42 U.S.C. §1983-State Court Custody Action-Younger Abstention Doctrine

Plaintiff appealed the dismissal of her §1983 action alleging violations of her constitutional rights in a pending state court custody action. Where the Younger abstention doctrine was applicable to preclude consideration of plaintiff’s federal constitutional claims arising from a pending ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Search

Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of ...

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Civil Rights: 42 U.S.C. §1983-Criminal Statute-Private Cause of Action

Plaintiff appealed from the dismissal of his action under 42 U.S.C. §1983. Where plaintiff did not have a private cause of action under the criminal statutes he cited and where his §1983 claims were previously dismissed for lack of subject ...

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Civil Rights: 42 U.S.C. §1983-Judicial Immunity-Jurisdiction over State Court Judgments

Plaintiff appealed from the district court’s dismissal of his pro se §1983 action. Where defendants were entitled to judicial immunity and district courts lacked appellate jurisdiction over state court judgments, the district court properly dismissed plaintiff’s complaint. Judgment is affirmed. ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Force

Plaintiff appealed from the adverse grant of summary judgment to defendant. Plaintiff had filed a §1983 suit, alleging that defendant used excessive force against plaintiff, who was incarcerated and awaiting transfer to the Arkansas Department of Corrections. Where the force ...

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Civil Rights: 42 U.S.C. §1983-Prison Inmate-Adverse Summary Judgment

Plaintiff, an inmate in a Missouri prison, appealed the district court’s discovery ruling and adverse grant of summary judgment in plaintiff’s §1983 action. Where there was no abuse of discretion, the district court properly denied plaintiff’s motions to compel and ...

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Civil Rights: 42 U.S.C. §1983-Conversion of Pet Animal-Violation of Procedural Due Process

Plaintiff filed a §1983 suit against defendants in their individual and official capacities, alleging they violated his right to procedural due process when they spayed and gave away for adoption plaintiff’s pet German Shepherd that had escaped from plaintiff’s home, ...

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Civil Rights: 42 U.S.C. §1983-False Allegations of Improper Search-Claim of Retaliation

Plaintiff, an inmate, appealed from the district court’s grant of summary judgment to defendants in plaintiff’s §1983 action. Where there was sufficient evidence to find in disciplinary proceedings that plaintiff made false statements in a claim for damages arising from ...

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