§ 1983

37 Florida cases classified under this topic · sorted by citation count · browse and sort

• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Bryan v. Jones
  530 F.2d 1210· 5th Cir.· 1976-04-30 ·cited 82×
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×
  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.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×
  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.
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.
• Davis v. Waller
  44 F.4th 1305· 11th Cir.· 2022-08-12 ·cited 31×
  Paul Donald Davis sued Georgia State Patrol officers Paul Waller and Shaun Browder after they shot him multiple times when he was forcibly driving an 84,000-pound logging truck at officers while being held at gunpoint by a violent fleeing felon, William Arnold. The Eleventh Circu
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Bartlett v. Colonel C.E. Fisher
  972 F.2d 911· 8th Cir.· 1992-08-13 ·cited 10×
  The court held that the defendants are entitled to qualified immunity on both the procedural due process and First Amendment claims.
• Vaughan v. Ricketts
  950 F.2d 1464· 9th Cir.· 1991-12-13 ·cited 10×
  The court held that Koch's appeal timeliness must be determined by the district court, and affirmed the denial of the jnov motion regarding qualified immunity, finding the jury's verdicts reconcilable.
• Boston Env't Sanitation Inspectors Ass'n & John Curry v. City OF Boston
  794 F.2d 12· 1st Cir.· 1986-06-26 ·cited 8×
  The court held that appellants' federal claims were properly dismissed because they failed to avail themselves of adequate state remedies and because mere violations of state statutes or contracts do not constitute a deprivation of due process under § 1983.
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Brisk v. City of Miami Beach
  726 F. Supp. 1305· S.D. Fla.· 1989-12-15 ·cited 5×
  When material factual issues are disputed at trial regarding a qualified immunity defense, the jury should resolve the factual disputes and determine whether a reasonable officer could have believed the conduct to be lawful.
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Drudge v. City of Kissimmee
  581 F. Supp. 2d 1176· M.D. Fla.· 2008-09-25 ·cited 2×
  The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Lutricia Lushan Brown Allen v. State
  S.D. Fla.· 2025-10-22
  The court held that the plaintiff's complaint was procedurally deficient, failed to state a claim, and constituted an improper shotgun pleading, warranting dismissal.
• McLaughlin v. Sunshine State Health Plan, Inc.
  M.D. Fla.· 2025-10-14
  The court denied the motion for a temporary restraining order because the plaintiff failed to demonstrate the necessary emergency circumstances for proceeding without notice to the defendants. The court deferred consideration of a preliminary injunction pending service and respon
• Thomas v. HCA Cap. Hosp.
  N.D. Fla.· 2025-03-26
  The court held that the plaintiff's amended complaint was insufficient to proceed because it failed to state a claim under § 1983 and did not comply with Florida's Medical Malpractice Act.
• Holt v. Hillsborough Cnty.
  M.D. Fla.· 2025-01-21
  The court granted the defendant's motion to dismiss, holding that the plaintiff failed to state a claim under § 1983 and that her state law claims for negligence and defamation were barred by sovereign immunity and failure to comply with statutory notice requirements.
• Cuyler v. Wilson
  M.D. Fla.· 2024-03-20
  Judges and federal prosecutors are entitled to absolute immunity for actions taken in their official capacities, barring claims against them.
• Doe v. Fla. Gulf Coast Univ. Bd. of Trs.
  M.D. Fla.· 2023-09-08
  The court held that Eleventh Amendment sovereign immunity bars the § 1983 and breach of contract claims, and the Title IX claim fails for lack of plausible allegations of gender bias.
• Shed v. Univ. of S. Fla. Bd. of Trs.
  M.D. Fla.· 2023-07-10
  The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted, with only one claim surviving dismissal.
• Cruse v. Payne
  N.D. Fla.· 2021-09-29
  The court held that the defendant officer was entitled to summary judgment on the plaintiff's § 1983 claims for unlawful stop, arrest, and search.
• McCrimmon v. Centurion of Fla., LLC
  M.D. Fla.· 2021-02-08
  The court held that while allegations against some nurses were insufficient, claims against Centurion Doctors, Nurses Morton and Mahoney, and Centurion Administrators, as well as Centurion's policies, could plausibly support a claim for deliberate indifference.
• Guberman v. Jung
  M.D. Fla.· 2020-05-29
  A judge is entitled to absolute judicial immunity from damages and relief for actions taken in their judicial capacity, even if acting maliciously or in excess of authority, unless acting in the clear absence of all jurisdiction.
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04
  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
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.