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Tag Archives: 42 U.S.C. §1983

Civil Rights: 42 U.S.C. §1983-Licensure Board Disciplinary Proceeding-Preservice Dismissal

Plaintiff appealed the preservice dismissal of her §1983 complaint, which alleged that her constitutional rights were violated in a board of pharmacy disciplinary proceeding. Where plaintiff failed to plead viable claims, the district court did not err by granting preservice ...

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Civil Rights: 42 U.S.C. §1983-Inmate-Invasion of Privacy

Plaintiff, an inmate, filed suit under 42 U.S.C. §1983 against various prison officials, claiming invasion of privacy. The district court granted plaintiff’s motion to proceed in forma pauperis and dismissed the case. Where having female prison guards monitor a male ...

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Civil Rights: 42 U.S.C. §1983-Pro Se Complaint-City Attorney

Plaintiff appealed from the dismissal of his pro se 42 U.S.C. §1983 against defendant, the City of Helena-West Helena city attorney. Where de novo review of plaintiff’s complaint revealed no cognizable §1983 claim, dismissal of the complaint was proper. Judgment ...

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Civil Rights: 42 U.S.C. §1983-Pre-Service Dismissal-Res Judicata

Plaintiff appealed from the dismissal of his related §1983 actions. In the first action, the district court dismissed the complaint pre-service; in the second case, the district court dismissed on grounds of res judicata and failure to state a claim. ...

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Civil Rights: 42 U.S.C. §1983-Failure to Protect from Violence-Qualified Immunity

Plaintiff sued various state corrections officers under §1983, alleging they failed to protect him from attacks by other inmates. The district court denied defendants’ motion for summary judgment on grounds of qualified immunity, finding a material factual dispute regarding whether ...

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

Plaintiff filed suit against defendants, claiming his arresting officer employed excessive force during plaintiff’s detention in county jail. The officer knew plaintiff suffered from various physical limitations; although plaintiff requested an isolated cell, the officer declined to provide one. When ...

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Civil Rights: 42 U.S.C. §1983-Due-Process Claim-Shocking of the Conscience

Plaintiff, a criminal defendant convicted in two separate cases, appealed from the adverse grant of summary judgment on his due-process claim arising from the delay in setting his first appearance in one of the criminal cases. Where the totality of ...

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Civil Rights: 42 U.S.C. §1983-Correctional Inmate-Failure to Exhaust Administrative Remedies

Plaintiff appealed the district court’s grant of summary judgment to defendant state corrections officials, dismissing plaintiff’s §1983 complaint. Where there was a material factual dispute involving the information plaintiff was required to submit along with his administrative-grievance appeal, t he ...

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Civil Rights: 42 U.S.C. §1983-Prison-Grievance System-Liberty Interest

Plaintiff, an inmate, filed a §1983 action, challenging his placement in a special administrative unit and the deprivation of his personal property during his placement in the unit. Plaintiff also asserted a qui tam action under the FCA against prison ...

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