42 U.S.C. § 1983 Civil Rights Claim

229 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Waseem Daker v. Jackson
  942 F.3d 1252· 11th Cir.· 2019-11-15 ·cited 6×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff had accumulated at least three strikes under the PLRA and that the PLRA's three-strikes provision is constitutional.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Cooper v. Sheriff, Lubbock Cnty., Tex.
  929 F.2d 1078· 5th Cir.· 1991-04-30 ·cited 6×
  The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• Mayfield v. Collins
  918 F.2d 560· 5th Cir.· 1990-12-07 ·cited 6×
  The court held that the prisoner's appeal was frivolous and dismissed it, imposing a sanction to prevent future waste of judicial resources.
• Oldring v. Sch. Bd. OF Duval Cnty.
  567 So. 2d 519· Fla. 1st DCA· 1990-09-21 ·cited 6×
  Theresa Oldring appealed the trial court's award of attorney's fees and costs to the School Board of Duval County in her § 1983 civil rights action. The appellate court reversed, holding that a defendant seeking attorney's fees under 42 U.S.C. § 1988 must establish the plaintiff'
• Rocky v. Vittorie
  813 F.2d 734· 5th Cir.· 1987-04-07 ·cited 6×
  The court held that a district court erred in dismissing an inmate's civil rights suit for failure to exhaust administrative remedies without considering whether the inmate made a good faith attempt to do so.
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Sullivan v. Carignan
  733 F.2d 8· 1st Cir.· 1984-04-27 ·cited 6×
  The court held that the plaintiff's due process rights were not violated by the Board's denial of his CPA license renewal without a formal hearing.
• Seymour X. Cotton, Jr. v. Lockhart
  620 F.2d 670· 8th Cir.· 1980-05-05 ·cited 6×
  The court held that the prison's "publisher-only" rule for receiving books does not violate an inmate's First Amendment rights, as it is a rational response to institutional security concerns.
• Mrs. Carnell Russ v. Ratliff
  578 F.2d 221· 8th Cir.· 1978-07-10 ·cited 6×
  The court held that the district court did not abuse its discretion in denying plaintiffs leave to amend their complaint to add the City as a defendant, as the amendment would not relate back under Rule 15(c) due to prejudice and lack of mistake.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Escobar v. Crosby
  363 F. Supp. 2d 1361· S.D. Fla.· 2005-03-22 ·cited 4×
  The court held that a prisoner must exhaust available administrative remedies before filing a federal civil rights suit, and failure to do so mandates dismissal.
• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Giano v. Flood
  803 F.2d 769· 2d Cir.· 1986-10-20 ·cited 4×
  A prior judgment in a New York State Article 78 proceeding does not preclude a subsequent 42 U.S.C. § 1983 civil rights claim for damages.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Hadden v. Howard
  713 F.2d 1003· 3d Cir.· 1983-08-11 ·cited 4×
  The court held that the Commissioner's interpretation of the regulation was inconsistent with its plain language and purpose, and that disciplining an inmate for statements made in a complaint violated due process.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Gomez v. Astol Calero Toledo
  602 F.2d 1018· 1st Cir.· 1979-08-07 ·cited 4×
  The court held that a plaintiff suing a public official under 42 U.S.C. § 1983 must sufficiently allege facts demonstrating the official acted in bad faith to overcome qualified immunity.
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Gilbert v. Honorable James S. Corcoran
  530 F.2d 820· 8th Cir.· 1976-03-03 ·cited 4×
  Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
• Burks v. Perk
  470 F.2d 163· 6th Cir.· 1972-11-17 ·cited 4×
  The court held that the District Court erred in enjoining the Mayor from conducting a hearing on charges against Civil Service Commissioners, as state law provided adequate remedies.
• Town OF Sw. Ranches v. Shahab Kalam
  980 So. 2d 1121· Fla. 4th DCA· 2008-03-12 ·cited 2×
  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
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×
  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.
• Sjuts v. State of Fla. & Dr. Alan J. Waldman
  774 So. 2d 783· Fla. 2d DCA· 2000-12-15 ·cited 2×
  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.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  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.
• N. Fla. Educ. Dev. Corp. v. Woodham
  942 F. Supp. 542· N.D. Fla.· 1996-05-20 ·cited 2×
  Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
• Benitez v. Wolff
  907 F.2d 1293· 2d Cir.· 1990-06-28 ·cited 2×
  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.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Knoll v. Webster
  838 F.2d 450· 10th Cir.· 1988-02-02 ·cited 2×
  A member of the Board of Pardons is absolutely immune from damages liability for actions taken in the performance of official duties regarding parole.
• Robert Cimasi J. Barleycorn's, Inc. v. City OF Fenton
  781 F.2d 116· 8th Cir.· 1986-01-03 ·cited 2×
  The declaratory judgment exception to res judicata does not apply when a party seeks both declaratory and injunctive relief.
• Kriss Mangum v. Mitchell
  638 F.2d 203· 10th Cir.· 1980-12-29 ·cited 2×
  The court held that the state's denial of general assistance (GA) to recipients of federal Supplemental Security Income (SSI) does not violate constitutional rights and is a rational exercise of state authority to coordinate welfare programs and prevent double payments.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Kurlan v. Callaway
  510 F.2d 274· 2d Cir.· 1974-12-27 ·cited 2×
  National Guard members who qualified for transfer to the Standby Reserve before July 10, 1974, and applied before that date, are entitled to transfer, even if the Governor later modified consent.
• Ling v. Sec'y Fla. Dep't of Child. & Families
  2022 WL 2237663· N.D. Fla.· 2025-04-24 ·cited 1×
  The court held that a delay in processing a food assistance application, without more, does not constitute a denial of due process actionable under federal law.
• Ziegenhorn v. United States
  2018 WL 10140148· N.D. Fla.· 2024-10-10 ·cited 1×
  The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders to file a proper complaint and pay the filing fee or move to proceed in forma pauperis.
• Lawton v. Cochran
  695 So. 2d 1297· Fla. 4th DCA· 1997-06-25 ·cited 1×
  Lawrence Lawton was held in jail for approximately 607 days on an outstanding capias before being brought before a magistrate, during which time he alleged deprivation of constitutional rights including speedy trial and access to courts. The trial court dismissed his § 1983 civil
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Hart v. Walton Corr. Inst.
  N.D. Fla.· 2025-12-19
  A prisoner who is a 'three-striker' under the PLRA must pay the filing fee unless alleging imminent danger of serious physical injury, and failure to do so warrants dismissal without prejudice.
• Zachery Pernell Hicks v. The Home Depot Store #0256
  M.D. Fla.· 2025-12-18
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice because the plaintiff failed to establish federal subject matter jurisdiction.
• Ross v. Cloud
  N.D. Fla.· 2025-12-01
  The court held that the plaintiff's complaint failed to state a claim under the Eighth and Fourteenth Amendments and that compensatory damages were barred by statute.