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Tag Archives: 42 U.S.C. §1983

Civil Rights: 42 U.S.C. §1983-Prison Inmate-Qualified Immunity

Plaintiff, a prison inmate, filed a §1983 complaint against Arkansas prison officials, alleging deprivation of his constitutional rights. Plaintiff sought damages along with injunctive and declaratory relief. The district court dismissed the action, ruling that plaintiff had failed to state ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Defendant, a state trooper, stopped plaintiff for suspected DUI. When plaintiff refused to comply with defendant’s instructions, defendant took plaintiff to the ground, breaking her knee. Plaintiff filed a §1983 action alleging excessive force and unlawful seizure. The district court ...

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Civil Rights: 42 U.S.C. §1983-Inmate-Relief from Incarceration

Plaintiff, an inmate, appealed from the adverse grant of summary judgment in his 42 U.S.C. §1983 action. Where plaintiff could not seek release from confinement pursuant to §1983 until exhausting state administrative remedies and habeas relief, the district court correctly ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Plaintiff, an elementary school student, sued under 42 U.S.C. §1983, alleging that defendants unreasonably seized him and used excessive force by handcuffing him. Defendants moved for summary judgment based on qualified immunity. The district court concluded that disputed material facts ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Deliberate Indifference

SWAT officers arrived at what they believed to be an apprehended homicide suspect’s home to search for evidence. A woman inside the home answered the door and indicated she would unlock the front screen for officers. However, they threw a ...

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Civil Rights: 42 U.S.C. §1983-Amnesty Program-Judicial Immunity

Plaintiff appealed from the dismissal of its suit against two county district judges and several municipalities, arising from the judges’ implementation of an amnesty program forgiving fees probationers owed to plaintiff for probation services. Where defendant judges were entitled to ...

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Civil Rights: 42 U.S.C. §1983-Racially Motivated Arrest and Prosecution-Statute of Limitations

Plaintiffs filed suit against defendants, alleging that plaintiffs’ arrest on charges of conspiracy and witness-tampering following a domestic disturbance was racially motivated, in violation of the First, Sixth, Eighth, and 14th  Amendments. The district court dismissed plaintiffs’ 42 U.S.C. §1983 ...

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42 U.S.C. §1983-Access to Courts-Denial of Appointed Counsel

Plaintiff appealed the adverse grant of summary judgment in his 42 U.S.C. §1983 action asserting an access-to-courts claim. Plaintiff further challenged the denial of his request for discovery and motion for appointment of counsel and stay of proceedings while he ...

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Civil Rights: 42 U.S.C. §1983-Judicial Bias-Denial of Due Process

Plaintiffs appealed the district court’s adverse judgments in their §1983 actions. Where there was no error in the district court’s reasoning and no evidence of judicial bias of denial of due process. the court affirmed the adverse judgments against plaintiffs. ...

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