1,015 Florida cases classified under this topic, plus 1,841 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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497 F.2d 687·
7th Cir.·
1974-05-20
·cited 4×
A single district judge erred by dismissing a complaint challenging a state regulation on constitutional grounds without convening a three-judge court, as the constitutional claims presented were not insubstantial.
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The court held that the trial judge's decree prescribing jail practices and facilities was an acceptable disposition, denying monetary damages.
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The court held that the complaint's allegations, taken as a whole, sufficiently stated a claim under 42 U.S.C. § 1983, and the trial court's findings of fact were not clearly erroneous.
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472 F.2d 509·
2d Cir.·
1973-01-19
·cited 4×
The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
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The court held that while Goldberg v. Kelly's evidentiary hearing requirement may not apply to purely legal or policy issues, recipients must still be afforded an adequate opportunity for argument before benefits are terminated or reduced.
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The court held that a civil rights complaint seeking damages for an allegedly improper lineup, which was not used against the plaintiff, was properly dismissed.
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The court held that an arrest without a warrant is lawful if the arresting officer has probable cause to believe a crime has been committed and the person arrested committed it, even if the person is later acquitted.
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College administrators violated students' First Amendment rights by sanctioning them for writing a letter to an off-campus church and by attempting to cancel a speaker invitation based on unsubstantiated fears of disruption.
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The court held that the federal statute barring injunctions against state court proceedings applies, and there were no extraordinary circumstances to justify an exception. The Board of Governors were also not proper parties.
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66 F.4th 896·
11th Cir.·
2023-04-26
·cited 3×
The Eleventh Circuit held that a death-row prisoner's claim that Florida's clemency process lacked specific standards and was arbitrary did not present a substantial likelihood of success on the merits, and thus denied his motion for a stay of execution.
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The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.
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The court held that the City's enactment of Resolution 10-041, passed after the lawsuit was filed and potentially as a litigation tactic, did not render the case moot because plaintiffs alleged the resolution codified an unconstitutional practice and was not followed. The court d
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The court held that the force used by police officers during the arrest was objectively reasonable and not excessive, entitling the defendant county to summary judgment on the battery claim.
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The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section
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The Florida District Court of Appeal reversed a jury verdict awarding damages to a widow for a violation of her civil rights. The court held that she did not have a constitutionally protected property interest in her deceased husband's remains after they were lawfully buried, whi
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The court held that the officers were entitled to qualified immunity as their use of force was objectively reasonable, and the City was entitled to summary judgment on all counts.
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The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.
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The court granted summary judgment for the defendants, finding the federal claims barred by the statute of limitations and lack of standing, and dismissing the state law claim for lack of pendent jurisdiction.
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The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
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The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
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The court held that the City of Cleveland is not liable under 42 U.S.C. § 1983 for the drug testing of police cadets because the Chief of Police lacked final policymaking authority and no final policymaker ratified his actions, and the substantive due process claim failed as the
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The court held that the prison officials did not violate the inmates' equal protection rights by refusing to install cable television service in their individual cells.
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Government officials are entitled to qualified immunity when their conduct does not violate clearly established statutory or constitutional rights, and the plaintiffs' actions did not constitute protected speech that was a 'but for' cause of their demotions.
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The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
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Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma
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The court held that a municipal judge acting in a judicial capacity does not create municipal policy for § 1983 liability, and the plaintiff lacked standing for injunctive relief due to speculative future harm.
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956 F.2d 399·
3d Cir.·
1992-02-10
·cited 3×
The court held that the last sentence of § 575(d) is not facially unconstitutional because it can be applied constitutionally, and that the requirement for arbitration of fair share fee propriety challenges under § 575(g) is constitutionally unenforceable as it mandates exhaustio
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The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
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The court held that the district court's order denying an evidentiary hearing was procedural and not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) because plaintiffs had failed to exhaust administrative remedies.
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The court held that the prior shooting incidents cited by the plaintiff were isolated events and did not establish a de facto policy or custom of tolerating excessive force, thus granting summary judgment for the defendants.
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State officials are not liable under 42 U.S.C. § 1983 for unconstitutional jail conditions when state law grants them only discretionary power to inspect and advise, not a mandatory duty to remedy such conditions.
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The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
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The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
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811 F.2d 1365·
10th Cir.·
1987-02-17
·cited 3×
The court held that the plaintiff's allegations may be sufficient to state a claim for relief under 42 U.S.C. § 1983, and the district court erred in dismissing the action.
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The court held that the jury's answers to interrogatories were inconsistent with each other and the general verdict, requiring a new trial, and that the jury instructions were incomplete due to the timing of the certification of questions to the state supreme court.
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The court held that the district court did not abuse its discretion in awarding attorney's fees against the city and in refusing to include costs for related administrative and criminal proceedings.
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696 F.2d 1304·
11th Cir.·
1983-01-31
·cited 3×
Incarceration pursuant to a presumptively valid judgment and commitment order does not implicate the Thirteenth Amendment's prohibition against involuntary servitude, even if the conviction is later reversed.
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687 F.2d 344·
11th Cir.·
1982-09-27
·cited 3×
The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
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The court held that nude sunbathing is not constitutionally protected expression and that while some ordinances and statutes were constitutional as applied, a portion of Florida Statute 877.03 was unconstitutionally overbroad.
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631 F.2d 413·
5th Cir.·
1980-11-26
·cited 3×
The court vacated the district court's order regarding attorney's fees and remanded for a new determination.
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549 F.2d 974·
5th Cir.·
1977-03-30
·cited 3×
A state criminal defendant is not entitled to federal injunctive or declaratory relief from a fourth prosecution after three prior convictions were reversed due to constitutional infirmities, absent a showing of bad faith or harassment.
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A school regulation prohibiting 'provocative symbols' on clothing is unconstitutionally vague and cannot justify suspending a student for wearing a Confederate flag patch.
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2019 WL 13175091·
M.D. Fla.·
2024-12-11
·cited 2×
The court held that defendants failed to demonstrate clear error or manifest injustice to warrant reconsideration of the prior order denying dismissal based on the statute of limitations, as the claims for unlawful search and seizure were subject to the deferred accrual rule of H
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The court held that the plaintiff's complaint, alleging excessive force and constitutional violations, was dismissed without prejudice because it failed to state a claim with sufficient factual allegations and improperly invoked the Eighth and Fourteenth Amendments instead of the
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The court granted summary judgment for the defendant Deputy Sheriff on the federal claims, finding no genuine dispute of material fact regarding probable cause for arrest or excessive force, and declined to exercise supplemental jurisdiction over the state law claims.
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The court held that SFEF's claims were not ripe for judicial review because SFEF failed to obtain a final decision from the City Commission and did not demonstrate hardship. The court also found the claims moot due to the enactment of a new zoning ordinance.
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The court granted in part and denied in part the motions to dismiss, finding that while some assault and battery claims against an officer were dismissed for failure to state a claim, other claims, including excessive force and conspiracy, could proceed.
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5 So. 3d 659·
Fla.·
2009-03-12
·cited 2×
Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
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The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
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Alfred Bóchese sought to disqualify attorneys Kohlmyer and Roper from representing the Town of Ponce Inlet in a § 1983 retaliation suit, alleging they were necessary witnesses to the town's custom of retaliating against whistleblowers and had conflicts of interest from prior repr