42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Cokley v. Dixon
  M.D. Fla.· 2024-10-24 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted defendants' motions to dismiss, dismissing official capacity claims with prejudice and individual capacity claims against supervisors without prejudice.
• Scheffler v. Chitwood
  M.D. Fla.· 2024-10-22
  The court denied the plaintiff's motions to amend his complaint and enlarge the scheduling order, and dismissed claims against a fictitious defendant for failure to properly identify him.
• Simmons v. Kolodziej
  N.D. Fla.· 2024-10-21 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's complaint must be dismissed without prejudice as a malicious abuse of the judicial process if the prisoner fails to accurately disclose their prior litigation history on the required complaint form.
• Cooper v. Cannon
  N.D. Fla.· 2024-10-21 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state an Eighth Amendment excessive force claim and that the defendant was entitled to qualified immunity.
• Anaya v. City Hall Miami Beach
  S.D. Fla.· 2024-10-18
  The court held that the plaintiff's complaint was deficient for failing to state a claim and for being a shotgun pleading, and that diversity jurisdiction was lacking.
• Hrejn v. Centurion Med. Grp.
  S.D. Fla.· 2024-10-18
  The court held that a pro se plaintiff's failure to fully and truthfully disclose prior and ongoing litigation history, after being warned, renders the complaint malicious and warrants dismissal without prejudice.
• Short v. McCormick
  N.D. Fla.· 2024-10-18
  The court held that the plaintiff's complaint, filed as a 'Notice of Action,' was frivolous and should be dismissed under the Prison Litigation Reform Act.
• Fantel v. State
  M.D. Fla.· 2024-10-18
  The court held that the Eleventh Amendment bars the plaintiff's claims against the State of Florida, as none of the exceptions to sovereign immunity apply, and therefore the court lacks subject matter jurisdiction.
• Ortiz v. Sch. Bd. of Hillsborough Cnty.
  M.D. Fla.· 2024-10-17
  The court held that the plaintiff failed to state claims for equal protection, Section 504, Title II, negligence, and FEEA against the School Board due to insufficient allegations of municipal policy, meaningful access denial, breach of duty, or deliberate indifference, but grant
• Gayle v. Unknown RN of Yescare Corp
  M.D. Fla.· 2024-10-17
  The court held that the amended complaint failed to state a claim against the defendants and was dismissed with prejudice.
• Brown v. Girgenti
  M.D. Fla.· 2024-10-17
  The court held that a pro se plaintiff's complaint must be dismissed without prejudice because it fails to plausibly allege that the defendants, who are private attorneys, acted under color of state law, a necessary element for a § 1983 claim.
• Short v. Alldredge
  N.D. Fla.· 2024-10-17
  The court held that the plaintiff's complaint should be dismissed as frivolous under the Prison Litigation Reform Act because it lacked an arguable basis in law or fact and any amendment would be futile.
• Cannon v. Chase
  N.D. Fla.· 2024-10-17
  The court held that the amended complaint fails to state a claim because it lacks specific factual allegations and is barred by Heck v. Humphrey.
• McCray v. Twp. of Eatonville Fla.
  M.D. Fla.· 2024-10-17
  The court extended the time for service of process for sixty days, rather than dismissing the claims against the Township, because the statute of limitations would likely bar refiling.
• Gatlyn v. Doe
  S.D. Fla.· 2024-10-15
  The court granted in part and denied in part the motion to quash service or dismiss, dismissing official capacity claims and injunctive/declaratory relief as moot or barred by sovereign immunity, but extending time for the plaintiff to serve the personal representative for indivi
• Flanders v. Larsen
  M.D. Fla.· 2024-10-15
  The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 against either defendant.
• Burnside v. Aramark Corp.
  N.D. Fla.· 2024-10-11 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's civil rights complaint is barred by res judicata due to a prior dismissed action and should also be dismissed as malicious for failing to truthfully disclose his litigation history on the complaint form.
• Shadmani v. Barnes
  M.D. Fla.· 2024-10-11 ·via 42 U.S.C. § 1983 (Excessive Force)
  Amir Shadmani sued Officers J.M. Barnes and A.G. Scott for using excessive force during his arrest following a suspected cocaine possession, and sued Sheriff T.K. Waters for municipal liability and battery. The court granted summary judgment in favor of all defendants, finding th
• Rivera v. The City of Jacksonville
  M.D. Fla.· 2024-10-09
  The court held that the plaintiff failed to plausibly allege the absence of probable cause for his arrest, which is an essential element for a § 1983 false arrest claim.
• Downey v. Perkins
  M.D. Fla.· 2024-10-07 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's proposed amended complaint was deficient and denied his motion to amend, but granted him leave to file a new amended complaint.
• Gant v. Sarasota Mem'l N. Port
  M.D. Fla.· 2024-10-04
  The court held that the pro se complaint fails to state a claim upon which relief can be granted because it does not allege facts showing the defendant acted under color of state law and fails to disclose the year of the incident.
• Campbell v. Gaudin
  N.D. Fla.· 2024-10-04
  The court recommended dismissal of the prisoner's complaint without prejudice because it was frivolous, malicious due to failure to disclose litigation history, and the plaintiff was a 'three-striker' barred from proceeding in forma pauperis.
• Day v. Hernando Cnty.
  M.D. Fla.· 2024-10-04
  The court held that the plaintiff did not possess a constitutionally protected property interest in his continued employment, and even if he did, the state provides adequate remedies for any due process deprivation.
• Shockley v. Hard Rock Hotel & Casino
  M.D. Fla.· 2024-10-04
  The court held that the pro se plaintiff's civil-rights complaint failed to state a viable claim because it did not allege personal participation by defendants, did not establish state action, and improperly attempted to sue under federal criminal statutes.
• Denmark v. Fla. Dep't of Revenue
  M.D. Fla.· 2024-09-30
  The Eleventh Amendment bars suits against state agencies in federal court, requiring dismissal for lack of subject matter jurisdiction.
• Nealy v. Vilches
  M.D. Fla.· 2024-09-30
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice, granting the plaintiff leave to amend.
• Goudy v. Hoffman
  M.D. Fla.· 2024-09-30 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim upon which relief could be granted, dismissing all counts with prejudice.
• Ensor v. Fitness Int'l, LLC
  M.D. Fla.· 2024-09-25
  The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and recommended it be dismissed without prejudice, granting the plaintiff leave to file an amended complaint.
• Dustin v. Palmer
  M.D. Fla.· 2024-09-23
  The court held that the plaintiff's claims failed to state a plausible claim for relief under 42 U.S.C. § 1983, and therefore the case was dismissed without prejudice.
• Moretto v. Solorzano
  M.D. Fla.· 2024-09-23 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that a prisoner's claims of deliberate indifference and failure to train regarding medical treatment and dietary restrictions failed to state a claim under the Eighth Amendment, and claims related to medication were time-barred.
• Wright v. Brown
  N.D. Fla.· 2024-09-23 ·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner with three prior dismissals for frivolity or failure to state a claim is barred from proceeding in forma pauperis unless they allege imminent danger of serious physical injury.
• Franklin v. Dep't of Detention Servs.
  M.D. Fla.· 2024-09-20 ·via Section 1983
  A pro se prisoner's complaint must contain plausible factual allegations that state a claim for relief, and vague assertions or labels are insufficient. Entities like Sheriff's Offices are not suable under Florida law.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-09-18 ·via Violation Of 42 U.S.C. § 1983
  The court recommended granting Miami-Dade County's motion to quash service, vacate the default, and dismiss the county without prejudice due to improper service.
• Hart v. Hardbower
  N.D. Fla.· 2024-09-17 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court recommended denying the defendants' motion to dismiss the plaintiff's claims for compensatory and punitive damages.
• McCarthy v. Pods Enters., LLC
  M.D. Fla.· 2024-09-16
  The court recommended denying the plaintiff's motion to proceed in forma pauperis and dismissing the amended complaint without prejudice because the plaintiff failed to state a claim under 42 U.S.C. § 1983.
• Claudio v. DeLoach
  M.D. Fla.· 2024-09-12
  The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
• Am. Civil Liberties Union Found. of Fla., Inc. v. Baker Cnty. Sheriff's Off.
  M.D. Fla.· 2024-09-11
  The court held that the plaintiffs failed to allege a constitutional violation regarding the postponement of legal visits, and that the defendant Baker County Corrections Management Corporation was not a necessary party and was dismissed.
• Cloutier v. Pesata
  M.D. Fla.· 2024-09-11
  The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
• Norman v. Bowden
  N.D. Fla.· 2024-09-10 ·via 42 U.S.C. § 1983 Action
  The court recommended dismissal of the case without prejudice.
• Williams v. The GEO Grp., Inc.
  S.D. Fla.· 2024-09-10 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the Second Amended Complaint failed to state a plausible claim for relief under the Eighth Amendment and Monell liability, warranting dismissal.
• Clark v. Hilly
  N.D. Fla.· 2024-09-10
  A lawyer performing traditional legal functions, even in a civil case, is not a state actor for purposes of a § 1983 claim, and the Sixth Amendment does not apply to civil proceedings.
• Smith v. Alvarez
  N.D. Fla.· 2024-09-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff sufficiently exhausted administrative remedies and adequately alleged state law claims to survive a motion to dismiss.
• Clark v. Santa Rosa Cnty. Sheriff's Dep't
  N.D. Fla.· 2024-09-05 ·via 42 U.S.C. § 1983 Civil Rights Claim
  Plaintiff's claims for false arrest and false imprisonment are barred by Heck v. Humphrey because a judgment in her favor would necessarily imply the invalidity of her convictions, and the Sheriff's Department is not a suable entity under Florida law.
• Hillman v. Soc. Sec. Admin.
  S.D. Fla.· 2024-09-05
  The court recommended dismissal of the case without prejudice for failure to state a valid claim, failure to prosecute, and failure to comply with court orders.
• Nealy v. Masters
  M.D. Fla.· 2024-09-04 ·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to demonstrate a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, entitling the defendants to judgment as a matter of law.
• Mobley-Weeks v. Gonzalez
  M.D. Fla.· 2024-08-28 ·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner must properly exhaust available administrative remedies before filing a Section 1983 action, and failure to do so mandates dismissal.
• Horn v. Mitchell
  N.D. Fla.· 2024-08-28 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights complaint alleging constitutional violations during state criminal proceedings is properly dismissed with prejudice if the claims are barred by the statute of limitations, Heck v. Humphrey, or if the defendants are immune or not state actors.
• 114 E. Ocean LLC v. Town of Lantana
  S.D. Fla.· 2024-08-28
  The court held that the plaintiff failed to state a plausible claim for a Monell violation under 42 U.S.C. § 1983, and therefore declined supplemental jurisdiction over the state law claim.
• Brewer v. Okaloosa Cnty.
  N.D. Fla.· 2024-08-27
  The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders regarding filing an amended complaint and proceeding in forma pauperis.
• Darling v. Zavaleta
  S.D. Fla.· 2024-08-27
  The court held that the plaintiff's motion to proceed on appeal in forma pauperis is denied because he failed to comply with the Federal Rules of Appellate Procedure by not stating the issues he intends to present on appeal.