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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The court held that the City of Ocala's Ordinance 5650 is unconstitutionally vague on its face, violating due process rights, and therefore granted declaratory and injunctive relief to the plaintiff.
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The officers are not entitled to qualified immunity because their use of force was excessive and violated the Fourth Amendment, and the right was clearly established.
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Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
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The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
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The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
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The court held that a Burlington-type analysis is appropriate for First Amendment retaliation claims under § 1983, and that while excluding a plaintiff's name from press releases is too trivial to be an adverse employment action, other claims such as demotion and false accusation
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The court held that the plaintiff failed to allege sufficient facts to overcome the defendants' qualified immunity defense, as the allegations were too vague and conclusory to establish a violation of clearly established constitutional rights.
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The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
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The court held that a voter's claim for injunctive relief was moot, and claims regarding lack of notice and the mental capacity checkbox failed to state a claim, but the claim regarding the lack of a grace period for registration deficiencies was allowed to proceed.
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The court held that the plaintiff failed to establish direct evidence of race discrimination related to his termination and that while he established a prima facie case for disparate treatment based on circumstantial evidence, the employer articulated a legitimate, nondiscriminat
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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.
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The Fourth District Court of Appeal reversed a trial court's grant of a motion to dismiss based on absolute sovereign immunity for county fire rescue personnel sued under 42 U.S.C. § 1983. The court held that county employees, unlike state agencies, do not enjoy absolute sovereig
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2006 U.S. Dist. LEXIS 38561·
S.D. Fla.·
2006-05-31
The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
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The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
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Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
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A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
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The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
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The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
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Miami-Dade County appeals a judgment for Arthur Walker in a civil rights action under 42 U.S.C. § 1983 based on alleged failure to train police officers in dealing with the mentally ill. The court reverses, holding that Walker failed to establish both deliberate indifference and
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A Florida appellate court reversed summary judgment for a police officer charged with wrongful arrest under 42 U.S.C. § 1983, holding that factual disputes about whether the officer had probable cause to arrest the plaintiff for DUI must be resolved by a jury before qualified imm
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The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.
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The Florida Supreme Court held that children do not have a constitutionally protected liberty interest in family companionship under the Fourteenth Amendment's Due Process Clause that would support a Section 1983 cause of action when their parent is wrongfully imprisoned. The Cou
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The court held that probable cause existed for the arrest, barring the civil rights and malicious prosecution claims, and denied injunctive relief.
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The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
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The court held that the school board had no constitutional duty to protect the student from suicide and that the failure to train staff did not rise to the level of deliberate indifference required for municipal liability under Section 1983.
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The court held that plaintiffs failed to present sufficient evidence from which a reasonable jury could find that the traffic stops were pretextual and motivated by race or national origin, or that a municipal policy of targeting minorities existed without an underlying constitut
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The court reversed a trial court's dismissal of an amended complaint alleging excessive force by Hialeah police officers and their chief in apprehending a minor through a police dog. The decision clarifies that claims for excessive force in arrest, including state tort and federa
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A private corporation contracting with the government to perform a public service is entitled to raise qualified immunity as a defense, distinguishing it from private defendants acting for personal interests or municipal corporations.
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The court held that the prisoner's allegations were sufficient to state a cause of action under 42 U.S.C. § 1983, and the trial court erred in dismissing the complaint.
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627 So. 2d 579·
Fla. 2d DCA·
1993-12-01
A property owner's section 1983 claim against a state employee for failing to provide statutorily required tax information was properly dismissed because the alleged deprivation could be remedied through a de novo circuit court trial on the tax assessment.
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Governmental social service boards and departments are state entities immune from federal suit under the Eleventh Amendment if their liability would be paid from state funds, and a county is not liable under § 1983 for personnel decisions of such a board if the board lacks indepe
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The court held that a police officer is entitled to qualified immunity when, in the course of an arrest attempt, the suspect's actions created a severe threat of physical harm, making the officer's use of deadly force reasonable under the Fourth Amendment.
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996 F.2d 745·
5th Cir.·
1993-07-20
The court held that the school district's transfer of a teacher accused of sexual abuse, despite prior allegations and a formal policy, did not demonstrate deliberate indifference to students' constitutional rights, and thus reversed the jury's verdict. The court also found that
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999 F.2d 99·
5th Cir.·
1993-07-14
The court held that the plaintiff failed to state a claim upon which relief could be granted regarding the court's fee schedule and its impact on access to courts.
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The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
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The court held that the special interrogatories submitted to the jury inaccurately framed the issues and that the admission of the progress notes was improper hearsay.
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Private defendants sued under § 1983 for invoking a state statute are not entitled to qualified immunity but may be liable only if they acted in bad faith, meaning they knew or should have known the statute was unconstitutional.
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996 F.2d 1064·
10th Cir.·
1993-06-25
The court held that the plaintiff failed to establish a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, and thus summary judgment for the defendants was appropriate.
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997 F.2d 376·
8th Cir.·
1993-06-21
The court held that the district court did not abuse its discretion in dismissing the retaliation and mail claims as frivolous, nor did it err in granting summary judgment for the defendant on the access to courts claim.
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995 F.2d 857·
8th Cir.·
1993-06-15
The court held that a prior state court judgment on constitutional claims bars a subsequent federal § 1983 action based on the same claims due to res judicata.
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996 F.2d 880·
7th Cir.·
1993-06-14
The court remanded the case for further consideration of Fed.R.Civ.P. 15(c) regarding the relation back of an amended complaint to add new defendants.
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993 F.2d 74·
5th Cir.·
1993-06-11
A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
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995 F.2d 137·
8th Cir.·
1993-06-10
The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Iowa's two-year statute of limitations.
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The court held that the trial court did not commit reversible errors during the trial and affirmed the judgment in all respects.
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The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
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995 F.2d 132·
8th Cir.·
1993-06-07
The court held that prison officials are entitled to qualified immunity because it was not clearly established in 1986 that an inmate had a liberty interest in avoiding initial administrative segregation or that a fifteen-day delay without a hearing was constitutionally unreasona
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994 F.2d 548·
8th Cir.·
1993-06-07
The court held that the plaintiff inmate failed to present sufficient evidence of deliberate indifference to his serious medical need, thus summary judgment for the prison officials was proper.
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995 F.2d 15·
2d Cir.·
1993-06-04
The court held that the appellants were entitled to qualified immunity because probable cause existed as a matter of law to initiate and continue the prosecution against Weg.
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993 F.2d 1359·
8th Cir.·
1993-05-26
The court held that a witness subpoenaed from out-of-state in a civil case is not entitled to statutory immunity from arrest, and reputational harm alone does not constitute a constitutional deprivation of liberty under § 1983.