42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Robbins v. City of Miami Beach
  769 F. Supp. 2d 1372· S.D. Fla.· 2011-01-20 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Shepard v. Peryam
  657 F. Supp. 2d 1331· S.D. Fla.· 2009-09-23 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants and dismissing the plaintiff's claims.
• Town OF Sw. Ranches v. Shahab Kalam
  980 So. 2d 1121· Fla. 4th DCA· 2008-03-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  Kalam sued town building official Melgren and deputy attorney Poliakoff under 42 U.S.C. § 1983, alleging they violated his constitutional rights by refusing to grant a building permit for his property lot 7. The Fourth District reversed the denial of the officials' qualified immu
• Schwab v. McDonough
  521 F. Supp. 2d 1338· M.D. Fla.· 2007-11-14 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court granted the motion to stay execution, pending the Supreme Court's decision in Baze v. Rees, due to the significant possibility of success on the merits of the lethal injection challenge.
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed dismissal of moot claims for declaratory and injunctive relief but reversed dismissal of damages claims arising from alleged excessive force and medical indifference, remanding for trial court consideration of the merits.
• Bochese v. Town of Ponce Inlet
  267 F. Supp. 2d 1240· M.D. Fla.· 2003-05-27 ·cited 2×
  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
• McCurry v. Moore
  242 F. Supp. 2d 1167· N.D. Fla.· 2002-11-21 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of Defendants Moore and Franklin on certain claims and denying it in others, remanding the case for further proceedings.
• Neumont v. Monroe Cnty.
  242 F. Supp. 2d 1265· S.D. Fla.· 2002-11-21 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court adopted in part the Magistrate Judge's recommendations, denying summary judgment on some counts, dismissing others as unripe or discretionary, and allowing certain claims to proceed.
• Sjuts v. State of Fla. & Dr. Alan J. Waldman
  774 So. 2d 783· Fla. 2d DCA· 2000-12-15 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the public defender exceeded his authority in filing counterclaims for damages and injunctions, the counterclaims were also subject to dismissal because the State is not a 'person' under 42 U.S.C. § 1983 and the psychiatrist was not an opposing party.
• Tedesco v. Johnson
  119 F. Supp. 2d 1320· M.D. Fla.· 2000-11-07 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  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, thus entitling the defendants to summary judgment.
• Otworth v. the Florida Bar
  71 F. Supp. 2d 1209· M.D. Fla.· 1999-09-29 ·cited 2×·via Civil Rights Act (42 U.S.C. § 1983)
  The court dismissed the breach of contract claim against Flynt for failure to allege a meeting of the minds and granted dismissal for the judges and prosecutor based on judicial and Eleventh Amendment immunity.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Scala v. City of Winter Park
  105 F. Supp. 757· M.D. Fla.· 1996-07-25 ·cited 2×
  The court held that the City is not liable under 42 U.S.C. § 1983 because the officials who terminated the plaintiff's employment did not possess final policy-making authority. Therefore, their actions could not be attributed to the City as official policy.
• N. Fla. Educ. Dev. Corp. v. Woodham
  942 F. Supp. 542· N.D. Fla.· 1996-05-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• James v. The City OF ST. Petersburg
  6 F.3d 1457· 11th Cir.· 1993-10-22 ·cited 2×
  Andrea James, a tenant with four dependent children, sued the City of St. Petersburg after her water service was terminated without notice when the previous owner requested disconnection, unaware that James occupied the property. The Eleventh Circuit reversed the district court's
• Doyle v. The Okla. BAR Ass'n
  998 F.2d 1559· 10th Cir.· 1993-07-19 ·cited 2×
  The court held that the plaintiff lacked standing to bring the action because a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another, and alternatively, that the plaintiff failed to state a claim under 42 U.S.C. § 1983 as he alleg
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• Butler v. The City OF Norman
  992 F.2d 1053· 10th Cir.· 1993-04-28 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
• Marryshow v. Flynn
  986 F.2d 689· 4th Cir.· 1993-02-04 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that for purposes of Federal Rule of Civil Procedure 68, the "judgment finally obtained" must include pre-offer costs and attorney's fees when comparing it to the offer of judgment, and that the trial court did not abuse its discretion in allowing an amended attorn
• McMASTER v. Pung
  984 F.2d 948· 8th Cir.· 1993-01-29 ·cited 2×
  The court affirmed the grant of summary judgment, holding that prison officials did not violate the inmate's constitutional rights by restricting his legal mail, denying his wife's in-person testimony, or limiting his contact with his attorney under the circumstances.
• Heather and Amanda Black v. Ind. Area Sch. Dist.
  985 F.2d 707· 3d Cir.· 1993-01-29 ·cited 2×
  The court held that the school bus driver, bus company president, and bus company were not liable under § 1983 because they were independent contractors and not state actors. The superintendent and school district were also not liable for failing to exhibit the 'deliberate indiff
• Thomas v. Cnty. OF LOS Angeles
  978 F.2d 504· 9th Cir.· 1992-10-21 ·cited 2×
  The court held that the majority erred in reversing the preliminary injunction based on a de novo review of the facts and blurring the distinction between preliminary and permanent injunctions.
• Harrington v. Almy
  977 F.2d 37· 1st Cir.· 1992-10-16 ·cited 2×
  The court held that the summary judgment record was insufficient to determine as a matter of law whether a constitutional right was violated or if the official's actions were objectively reasonable.
• Adams v. James
  797 F. Supp. 940· M.D. Fla.· 1992-06-18 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that plaintiffs failed to allege facts sufficient to state a claim for a personal constitutional right unique to law clerks, and that qualified immunity applied.
• DOE v. Cowherd
  965 F.2d 109· 6th Cir.· 1992-06-01 ·cited 2×
  The court held that the state's statute is constitutionally infirm for failing to provide for the release of voluntarily admitted patients upon request, but reversed this finding due to lack of a case or controversy. It affirmed that the 'beyond a reasonable doubt' standard of pr
• Gomez v. The United States Dist. Court FOR the N. Dist. OF Cal.
  966 F.2d 463· 9th Cir.· 1992-05-05 ·cited 2×
  The court held that the petition for a writ of mandamus was moot due to subsequent events, including the Supreme Court's ruling and the expiration of the temporary restraining order.
• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Flowers v. Phelps
  956 F.2d 488· 5th Cir.· 1992-03-30 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's judgment, holding that the notices of appeal were sufficient, the Eighth Amendment claim was properly assessed using the malicious intent standard, and the Eleventh Amendment did not bar the state law claim due to the intentional nature of
• Barnhill v. Doiron
  958 F.2d 200· 7th Cir.· 1992-03-26 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the inmate's request for appointed counsel under 28 U.S.C. § 1915(d).
• Hancock v. Dodson
  958 F.2d 1367· 6th Cir.· 1992-03-23 ·cited 2×
  The court held that admitting a guilty plea to a misdemeanor and allowing questioning about a prior insurance claim constituted reversible error.
• Jones v. Lewis
  957 F.2d 260· 6th Cir.· 1992-02-25 ·cited 2×
  The district court did not exceed the scope of the appellate mandate by submitting the issue of consent to the jury, and the appellant failed to preserve issues regarding jury instructions and sufficiency of evidence for appellate review.
• Harwin v. Goleta Water Dist.
  953 F.2d 488· 9th Cir.· 1991-12-30 ·cited 2×
  A water district ordinance that disqualifies a board member from considering a water service application if the applicant contributed $250 or more to the member's campaign, but does not disqualify the member if an opponent of the application made a similar contribution, violates
• Kinney v. Ind. Youth Ctr.
  950 F.2d 462· 7th Cir.· 1991-12-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eighth Amendment governs a prisoner's claim of excessive force used to prevent escape, and the officer's actions in shooting the escaping inmate did not constitute cruel and unusual punishment.
• Reprinted Opinion Derek Vinson v. Heckmann
  940 F.2d 114· 5th Cir.· 1991-05-22 ·cited 2×
  The court held that the inmate's appeal was frivolous and affirmed the dismissal of his § 1983 suit and denial of counsel, imposing sanctions to prevent future frivolous filings.
• Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide
  932 F.2d 1015· 1st Cir.· 1991-05-14 ·cited 2×
  The court held that a politically motivated demotion, as opposed to a constructive discharge, was not a clearly established constitutional violation in 1985, thus entitling officials to qualified immunity.
• McKEEVER v. Block
  932 F.2d 795· 9th Cir.· 1991-05-02 ·cited 2×
  The court held that the amended complaint was not frivolous and therefore the plaintiff's refusal to file a second amended complaint did not constitute an unreasonable failure to prosecute.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Grace v. Wainwright
  761 F. Supp. 1520· M.D. Fla.· 1991-03-28 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  Summary judgment for defendants is granted because the plaintiff failed to demonstrate genuine issues of material fact regarding his claims of cruel and unusual punishment and deliberate indifference to medical needs.
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×·via Civil Rights Suit Under 42 U.S.C. § 1983
• Allen v. City OF Beverly Hills
  911 F.2d 367· 9th Cir.· 1990-08-21 ·cited 2×
  The court held that the appellant failed to allege facts sufficient to establish a constitutionally protected property interest in continued employment, and therefore, the district court did not err in dismissing the action or denying leave to amend.
• Benitez v. Wolff
  907 F.2d 1293· 2d Cir.· 1990-06-28 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in sua sponte dismissing the pro se complaint as frivolous because the plaintiff stated a colorable claim of due process violation.
• Rathert v. Vill. OF Peotone
  903 F.2d 510· 7th Cir.· 1990-06-01 ·cited 2×
  A police department regulation prohibiting male officers from wearing ear studs off-duty is permissible if the decision-makers rationally perceived a community attitude that such conduct would impair the officers' effectiveness.
• Morgan v. The City OF DeSOTO
  900 F.2d 811· 5th Cir.· 1990-05-10 ·cited 2×
  The court held that summary judgment was improper for the arresting officers and the City of DeSoto because genuine issues of material fact existed regarding probable cause and qualified immunity, and potential municipal liability. Summary judgment for other defendants was affirm
• Burton v. Nault
  902 F.2d 4· 6th Cir.· 1990-05-04 ·cited 2×
  Prison officials' opening and reading of an inmate's unmailed letter to his attorney was justified under the First Amendment when done to investigate a potential suicide involving drug use.
• Ryan v. Clemente
  901 F.2d 177· 1st Cir.· 1990-04-17 ·cited 2×·via Civil Rights Act (42 U.S.C. § 1983)
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a complaint without reasonable inquiry into its factual and legal basis.
• Jones v. City OF Hamtramck
  905 F.2d 908· 6th Cir.· 1990-04-10 ·cited 2×
  The Sixth Circuit held that the Michigan tolling statute for imprisonment does not apply to a plaintiff who was merely under arrest when their cause of action accrued, as the statute requires actual imprisonment.
• Lawler v. Marshall
  898 F.2d 1196· 6th Cir.· 1990-03-26 ·cited 2×
  The court held that the district court erred in dismissing the prisoner's civil rights action as frivolous under 28 U.S.C. § 1915(d) because the complaint stated an arguable legal claim based on rational facts, and the denial of leave to amend was an abuse of discretion.
• Mason v. Sargent
  898 F.2d 679· 8th Cir.· 1990-03-20 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that there was no evidence in the record to support the defendants' claim that Mason violated prison regulations.