42 U.S.C. § 1983 Action

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

• Johnson v. Netterville
  488 F.2d 394· 5th Cir.· 1974-01-14 ·cited 2×
  The court held that a federal district court judge lacks jurisdiction to grant an injunction restraining the enforcement of a state statute when the claim involves the statute's constitutionality, requiring a three-judge court.
• Moore v. Fields
  464 F.2d 549· 6th Cir.· 1972-07-26 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Tennessee Savings Statute applies to a federal Civil Rights action when the initial state court action was dismissed for failure to prosecute, provided the defendant received notice of the claim.
• Hooks v. Louie L. Wainwright
  457 F.2d 502· 5th Cir.· 1972-04-11 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's dismissal was improper and the case should be reconsidered in light of a Supreme Court decision.
• Anderson v. Lecon Props., Inc.
  457 F.2d 929· 8th Cir.· 1972-03-29 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  Federal district courts lack jurisdiction to review alleged errors in state court judgments, and the Minnesota Supreme Court acted within its jurisdiction.
• Cornist v. Richland Parish Sch. Bd.
  448 F.2d 594· 5th Cir.· 1971-09-17 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A plaintiff alleging a violation of civil rights under 42 U.S.C. § 1983 does not need to exhaust state court remedies before prosecuting an action in federal court.
• Miller v. Kusper
  445 F.2d 1059· 7th Cir.· 1971-07-15 ·cited 2×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
• Gaines v. Erskine McGRAW and P. C. Jenkins
  445 F.2d 393· 5th Cir.· 1971-07-14 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the arrest was unlawful as a matter of Alabama law, and the arresting officer was not entitled to a good faith defense under Pierson v. Ray because the facts did not constitute a crime and there was no evidence the officer believed otherwise.
• Latham v. Tynan
  435 F.2d 1248· 2d Cir.· 1970-12-16 ·cited 2×
  The court held that the claim of unconstitutionality of Connecticut's Motor Vehicle Financial Responsibility Act was not so unsubstantial as to avoid the requirement of a three-judge district court.
• Slaughter v. Dunitz
  436 F.2d 583· 7th Cir.· 1970-10-15 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A civil rights action under 42 U.S.C. § 1983 for inadequate representation in a state post-conviction proceeding is insufficient if the alleged damages are not proximately caused by the denial of counsel.
• Townsend v. Ross
  396 F.2d 573· 8th Cir.· 1968-06-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court did not abuse its discretion in refusing inspection of jury lists and that the plaintiff failed to prove deliberate or systematic exclusion of Negro jurors.
• Allen v. Groat
  283 F.2d 692· 6th Cir.· 1960-11-07 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly dismissed the complaint.
• Webster v. Fla. Supreme Court
  2024 WL 3963742· N.D. Fla.· 2025-02-11 ·cited 1×
  A federal district court lacks jurisdiction to review final state court decisions, even when framed as a section 1983 action.
• Andrade v. Rambosk
  2011 WL 1690010· M.D. Fla.· 2023-02-17 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court denied defendants' motion to bifurcate the trial and stay discovery, finding that bifurcation was not demonstrably more efficient or necessary to avoid prejudice at this stage.
• Sussman v. Dep't of Corr.
  257 So. 3d 604· Fla. 1st DCA· 2018-10-18 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  Mixed petitions containing both mandamus and civil claims are subject to the prepayment and lien requirements of section 57.085, Florida Statutes, and dismissal for failure to pay filing fees is proper.
• Torres v. Honorable Lawrence Lefler
  257 So. 3d 1095· Fla. 2d DCA· 2018-07-13 ·cited 1×
  A show cause order imposing conditions on future filings is not final and appealable until sanctions are actually imposed after the opportunity to be heard.
• Dandar v. Church of Scientology Flag Serv. Org., Inc.
  732 F. Supp. 2d 310· M.D. Fla.· 2013-02-15 ·cited 1×·via Section 1983
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
• Christie ex rel. Estate of Christie v. Scott
  30 Wage & Hour Cas. (BNA) 300· M.D. Fla.· 2013-01-09 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that claims of deliberate indifference against three PHS nurses survive summary judgment, and the failure-to-train claim against PHS also survives. Claims against other PHS defendants and most claims against the Sheriff were dismissed.
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• Smith Ex Rel. Smith v. Benson
  703 F. Supp. 2d 1262· S.D. Fla.· 2010-01-28 ·cited 1×
  Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Anderson v. City of Tampa
  555 F. Supp. 2d 1268· M.D. Fla.· 2008-05-01 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because his use of force during the arrest was reasonable and did not violate the plaintiff's Fourth Amendment rights.
• Lyons v. Trinity Servs. Grp., Inc.
  401 F. Supp. 2d 1290· S.D. Fla.· 2005-08-16 ·cited 1×·via Section 1983
  The court held that the plaintiff failed to exhaust administrative remedies as required by the Prison Litigation Reform Act before filing his lawsuit.
• Davidson v. City of Jacksonville
  359 F. Supp. 2d 1291· M.D. Fla.· 2005-02-16 ·cited 1×·via Section 1983
  The court held that the plaintiffs failed to establish a constitutional violation under Section 1983, and therefore, qualified immunity applied to the individual defendants, and the City was not liable for municipal claims. The court also declined to exercise supplemental jurisdi
• J.D. v. Manatee Cnty. Sch. Bd.
  340 F. Supp. 2d 1316· M.D. Fla.· 2004-10-08 ·cited 1×
  The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
• Pub. Citizen, Inc. v. Pinellas Cnty.
  321 F. Supp. 2d 1275· M.D. Fla.· 2004-05-19 ·cited 1×·via Section 1983
  The court held that the prior litigation did not preclude the current claims and that the charities' allegations regarding the ordinance's prior restraint on speech were sufficient to proceed.
• Palisano v. City of Clearwater
  219 F. Supp. 2d 1249· M.D. Fla.· 2002-08-14 ·cited 1×·via Section 1983
  The court held that an EEOC "unable to conclude" determination does not bar a claim under the Florida Civil Rights Act, and that a supervisor can be liable under § 1983 for failing to act on sexual harassment complaints, but not for retaliation under the Equal Protection Clause i
• Obenschain v. Williams
  750 So. 2d 771· Fla. 1st DCA· 2000-02-16 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  Jacqueline Obenschain, proceeding through a guardian advocate, appealed dismissal of her civil rights complaint seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and a habeas corpus petition under Florida law. The court reversed because the trial court lacked basis
• Carestio v. Sch. Bd. of Broward Cnty.
  79 F. Supp. 2d 1347· S.D. Fla.· 1999-11-24 ·cited 1×·via 42 U.S.C. § 1983 Violations
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, federal courts should not address claims of excessive force under 42 U.S.C. § 1983, and should remand pendent state law claims.
• Wright v. City of Tampa
  998 F. Supp. 1398· M.D. Fla.· 1998-03-26 ·cited 1×·via Section 1983
  The court held that genuine issues of material fact exist regarding the plaintiff's ADA, Title VII, and § 1983 claims, precluding summary judgment.
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Smith v. Avino
  866 F. Supp. 1399· S.D. Fla.· 1994-10-20 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
• Colvin v. Curtis
  860 F. Supp. 1503· M.D. Fla.· 1993-07-30 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court denied defendants' motion for judgment as a matter of law regarding the 42 U.S.C. § 1983 claim and punitive damages against the Sheriff, but granted the motion in part regarding the battery claim's jury instructions. The court also referred attorney's fees to a magistra
• Lobester James Loggins v. Delo
  999 F.2d 364· 8th Cir.· 1993-07-21 ·cited 1×
  The court held that disciplinary action for an inmate's letter containing derogatory remarks about a mail clerk violated the inmate's First Amendment rights because the remarks did not implicate prison security, and the district court did not abuse its discretion in awarding atto
• Hinton v. City OF Elwood
  997 F.2d 774· 10th Cir.· 1993-06-29 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the arresting officers' use of force did not rise to the level of a constitutional violation, and therefore affirmed the district court's dismissal of the appellant's claims against the officers and the city.
• Curtis v. City OF DES Moines
  995 F.2d 125· 8th Cir.· 1993-05-28 ·cited 1×
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not subject to a prior judgment creditor's lien, but the judgment creditor has a superior claim to the underlying judgment proceeds if proper notice was given.
• Shands v. City OF Kennett
  993 F.2d 1337· 8th Cir.· 1993-05-21 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs' speech was not protected by the First Amendment because it interfered with a government personnel decision and tipped the Pickering balance in favor of the employer's interest in efficiency and discipline. The court also held that the plaintiff
• Swoboda v. Dubach
  992 F.2d 286· 10th Cir.· 1993-05-04 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the pro se prisoner's notice of appeal was timely filed when delivered to prison authorities, and that his excessive force claim stated a constitutional claim cognizable under § 1983, warranting remand.
• Tedford v. Hepting
  990 F.2d 745· 3d Cir.· 1993-03-31 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  A federal court cannot grant relief under § 1983 for alleged transcript inaccuracies affecting a criminal conviction unless the conviction itself has been successfully challenged, as such claims are premature and essentially constitute a collateral attack on the conviction.
• Soler v. Waite
  989 F.2d 251· 7th Cir.· 1993-03-24 ·cited 1×
  The court affirmed the district court's denial of a motion for reconsideration of a new trial and the award of costs, finding no abuse of discretion.
• Hafner v. Brown
  983 F.2d 570· 4th Cir.· 1992-12-22 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district judge did not err in giving supplemental jury instructions and allowing redeliberation, nor in restricting cross-examination, nor in instructing the jury on conspiracy, and that the substantive due process instruction error was not preserved for a
• Gillette v. Delmore
  979 F.2d 1342· 9th Cir.· 1992-11-10 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a subordinate's discretionary constitutional violation simply because a policymaker failed to overrule it. Such inaction does not constitute ratification or establish a policy or custom.
• Candelore v. Clark Cnty. Sanitation Dist.
  975 F.2d 588· 9th Cir.· 1992-09-14 ·cited 1×
  The court affirmed the decision because the plaintiff failed to establish a factual predicate for her alleged discrimination claim.
• Rainey v. Conerly
  973 F.2d 321· 4th Cir.· 1992-08-19 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly denied the defendant's motions for qualified immunity, but erred in excluding a key piece of evidence and in failing to question the jury panel on potential bias, entitling the plaintiff to a new trial.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  945 F.2d 760· 4th Cir.· 1991-09-19 ·cited 1×
  The court held that federal courts should abstain from ruling on claims that depend on the interpretation of state annexation court orders and potentially available state remedies.
• Rojas v. Alexander's Dep't Store, Inc.
  924 F.2d 406· 2d Cir.· 1990-11-29 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that a plaintiff suing under 42 U.S.C. § 1983 for an unlawful arrest by a private security guard must prove that the employer had a policy of violating constitutional rights, not just that the arrest lacked probable cause. The court also found no error in jury inst
• Skyywalker Records, Inc. v. Navarro
  739 F. Supp. 578· S.D. Fla.· 1990-06-06 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the recording "As Nasty As They Wanna Be" was legally obscene and that the Sheriff's actions did not constitute an unconstitutional prior restraint.
• Abercrombie v. City OF Catoosa
  896 F.2d 1228· 10th Cir.· 1990-02-16 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiff failed to establish a conspiracy under 42 U.S.C. § 1985(2) and § 1986, but did have a property interest in wrecker referrals under Oklahoma law and a valid First Amendment retaliation claim under 42 U.S.C. § 1983.
• Dr. Charles Edwards for and in Behalf of Craig Alan Edwards v. Rees
  883 F.2d 882· 10th Cir.· 1989-08-28 ·cited 1×
  The court held that the interrogation of a student by a school vice principal, even if considered a seizure, was reasonable under the Fourth Amendment and did not violate due process rights.
• Hawks v. City OF Pontiac & Reginald Turner
  874 F.2d 347· 6th Cir.· 1989-05-03 ·cited 1×
  The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.