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

• McNichols v. Pemberton
  M.D. Fla.· 2024-08-26
  The court held that it must abstain from hearing the case under the Younger doctrine because the plaintiff's claims are intertwined with pending state criminal proceedings.
• Doe v. Hernando Cnty. Sch. Dist.
  M.D. Fla.· 2024-08-26
  The parent and eight-year-old disabled student filed this discrimination suit against a school district and school officials, alleging physical abuse, failure to provide educational accommodations, and retaliation following complaints to authorities. The court granted the plainti
• Johnson v. Jones
  2023 WL 4358555· M.D. Fla.· 2024-08-23
  The court denied the plaintiff's motions for reconsideration because the arguments presented were either not grounds for reconsideration or did not establish extraordinary circumstances required for equitable tolling.
• Calisi v. Volusia Cnty. Dep't of Corr.
  M.D. Fla.· 2024-08-23
  The court held that the complaint fails to state a claim because it names improper parties and lacks sufficient factual allegations for the remaining claims.
• Hamman v. Univ. of Cent. Fla. Bd. of Trs.
  M.D. Fla.· 2024-08-23
  The court held that the plaintiff's objections were overruled, his motion to amend was denied, and his amended complaint was dismissed with prejudice.
• Pierre v. Hattaway
  N.D. Fla.· 2024-08-22
  The court held that the plaintiff failed to exhaust administrative remedies as required by the PLRA, necessitating dismissal of his claims.
• Vega v. Harris
  M.D. Fla.· 2024-08-22
  The court held that the plaintiff's amended complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
• Adderley v. Austin
  N.D. Fla.· 2024-08-22
  The court held that the plaintiff's amended notice of removal, construed as a complaint, was frivolous and failed to state a claim, and that removal was procedurally improper and untimely.
• Demps v. Jones
  M.D. Fla.· 2024-08-22 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  Summary judgment is granted for defendants Hanson and Kirby as Plaintiff failed to provide evidence of their presence or involvement. Summary judgment is denied regarding exhaustion of administrative remedies for other defendants, as naming all defendants is not required by FDOC
• Frederick v. Murphy
  N.D. Fla.· 2024-08-19
  The court held that a prisoner's allegations of a false disciplinary report and inadequate investigation do not state a plausible claim under the Eighth or Fourteenth Amendments for purposes of a § 1983 action.
• Perkins v. Bywater
  M.D. Fla.· 2024-08-19
  The court held that the plaintiff failed to state a claim under 18 U.S.C. §§ 241, 242, or the First, Fourth, and Sixth Amendments, and recommended dismissal with leave to amend.
• Jean-Baptiste v. United States Dep't of Just.
  S.D. Fla.· 2024-08-17 ·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's Fifth Amended Complaint, which remained a shotgun pleading despite prior opportunities to amend, should be dismissed with prejudice.
• Vann v. Tabil
  M.D. Fla.· 2024-08-16 ·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the plaintiff sufficiently pleaded an Eighth Amendment claim for deliberate indifference but failed to state a Fourteenth Amendment equal protection claim, and that his claims for injunctive and declaratory relief were moot due to his transfer.
• Malcolm v. City of Miami-Dade Cnty.
  S.D. Fla.· 2024-08-16
  The court held that the pro se plaintiff's civil rights complaint must be dismissed because he failed to state a claim and the defendants are immune from suit.
• Boe v. Garcia
  S.D. Fla.· 2024-08-15
  The court held that the pro se plaintiff's complaint must be dismissed without prejudice for failing to state a claim because it constitutes a "shotgun pleading."
• Johnson v. Young
  N.D. Fla.· 2024-08-14 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that dismissal without prejudice is an appropriate sanction for a pro se prisoner's failure to comply with court orders and keep the court apprised of his address.
• Abboud v. Hardwick
  M.D. Fla.· 2024-08-14
  The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted, and that certain defendants were entitled to immunity.
• Hall v. Carner
  M.D. Fla.· 2024-08-12 ·via 42 U.S.C. § 1983 Action
  The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting plaintiffs leave to amend.
• Glick v. Corbin
  N.D. Fla.· 2024-08-07 ·via Section 1983
  A prisoner sued two Florida correctional officials under 42 U.S.C. § 1983, alleging violations of his First Amendment rights through attempts to obstruct his grievance filings and retaliation for filing grievances, and the magistrate judge found that the prisoner properly exhaust
• Griffin v. Calderon
  M.D. Fla.· 2024-08-07
  The court held that the plaintiff's motion for a preliminary injunction must be denied because it failed to comply with federal and local rules regarding notice to the adverse party.
• Christophe v. Sasser
  N.D. Fla.· 2024-08-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner's failure to properly exhaust available administrative remedies before filing suit requires dismissal of the action without prejudice.
• Smith v. Alvarez
  N.D. Fla.· 2024-08-06 ·via 42 U.S.C. § 1983 Action
  Claims against a defendant must be dismissed without prejudice for failure to effect service when the U.S. Marshals Service cannot locate the defendant after reasonable efforts and the plaintiff fails to provide a service address or show cause.
• Jackson v. Sump
  N.D. Fla.· 2024-08-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner's failure to accurately disclose prior litigation history, even if unintentional, warrants dismissal of the case without prejudice as malicious due to abuse of the judicial process.
• Waters v. Officer Calderon
  S.D. Fla.· 2024-08-05 ·via 42 U.S.C. § 1983 Claim Against Municipality
  The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
• Jones v. Miami-Dade Cnty.
  S.D. Fla.· 2024-08-05
  The court granted summary judgment for the defendants, finding that only the plaintiff's termination was a timely actionable claim and that he failed to establish claims for race discrimination, national origin discrimination, or retaliation.
• Heywood v. Dixon
  N.D. Fla.· 2024-08-02 ·via Section 1983
  The court held that while individual-capacity claims and official-capacity claims against some defendants are dismissed, the official-capacity claim against Secretary Dixon for injunctive relief under RLUIPA and the First Amendment survives.
• Pastrana v. Carrington Mortg. Servs., LLC
  M.D. Fla.· 2024-07-30 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a temporary restraining order and denied his motions.
• Grimage v. Gwara
  M.D. Fla.· 2024-07-26
  The court denied the motion to dismiss based on failure to exhaust administrative remedies, finding the defendant failed to meet his burden of proof.
• Thomas v. Flannagan
  M.D. Fla.· 2024-07-26
  The court held that a prisoner's claims against certain prison officials for failure to investigate, due process violations, and deliberate indifference were dismissed for failing to state a plausible claim, while claims for excessive force and failure to intervene against others
• Connell v. Centurion of Fla. LLC
  M.D. Fla.· 2024-07-26
  The court granted Plaintiff's motion to amend his complaint, rendering the defendants' motions to dismiss moot.
• Gerow v. Newsom
  M.D. Fla.· 2024-07-25 ·via Section 1983
  The court held that the plaintiff failed to establish personal jurisdiction over the legislative defendants and failed to state a claim upon which relief could be granted.
• Stallings v. Walmart
  S.D. Fla.· 2024-07-25
  The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint without prejudice for failure to state a claim.
• Myers v. City of Naples
  M.D. Fla.· 2024-07-24
  The court held that the plaintiff failed to state a claim under federal law, dismissing the amended complaint without prejudice.
• Lemieux v. Bango
  S.D. Fla.· 2024-07-24
  The court held that a plaintiff plausibly alleged Fourth Amendment violations for an illegal vehicle search, an illegal strip search, and an illegal seizure of property, but not for false arrest during a traffic stop.
• Perez v. Anderson
  M.D. Fla.· 2024-07-24 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted summary judgment for defendants on most claims, finding no genuine dispute of material fact regarding excessive force and upholding qualified immunity.
• Williams v. Dixon
  N.D. Fla.· 2024-07-23
  The court granted the motion to dismiss in part, dismissing the Eighth Amendment claim and claims against Defendant Hickman as duplicative, while allowing other claims to proceed.
• Thomas v. Reid
  N.D. Fla.· 2024-07-19
  In this § 1983 civil rights case, the district court adopted the magistrate judge's recommendation and dismissed plaintiff's claims for failure to state a plausible cause of action. The court found that plaintiff failed to allege facts showing defendants acted under color of stat
• Kelly v. Polk
  M.D. Fla.· 2024-07-19 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact preclude summary judgment on the excessive force and assault/battery claims against Defendant North, but granted summary judgment for Defendant Carter on the deliberate indifference claim.
• Corbin v. Prummell, Jr.
  M.D. Fla.· 2024-07-19 ·via 42 U.S.C. § 1983 (Excessive Force)
  Sandra and John Corbin sued Charlotte County Sheriff's Office deputies for excessive force, false arrest, and deliberate indifference to medical needs following Sandra's arrest during a traffic stop, where Deputy Aaron Williams leg-swept her, causing a fractured tibia. The court
• Grimage v. Levai
  M.D. Fla.· 2024-07-19
  The court held that the defendants failed to meet their burden of proving the plaintiff did not properly exhaust his administrative remedies.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-07-17
  The court held that it lacked subject-matter jurisdiction over the plaintiff's claims because the § 1983 claim failed as the defendant was a private entity, and the remaining state law claims lacked diversity jurisdiction as both parties were Florida citizens.
• Cisneros-Gonzalez v. Hernandez
  S.D. Fla.· 2024-07-16
  The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim, and his motion to proceed in forma pauperis was insufficient.
• Rukavishnikov v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-07-15
  The court found that the plaintiff's grievances, as presented, did not demonstrate a failure to exhaust administrative remedies, thus denying the motion to dismiss on that ground.
• Williams v. Miami-Dade Cnty.
  S.D. Fla.· 2024-07-13 ·via 42 U.S.C. § 1983 (Excessive Force)
  In this case, three innocent bystanders shot by a police officer while sitting in a parked car at a restaurant drive-through sued the officer and county for excessive force and related state law torts. The court denied the officer's motion to dismiss the Fourth Amendment excessiv
• Jackson v. Dixon
  N.D. Fla.· 2024-07-12 ·via § 1983 Suit
  The court held that a plaintiff's refusal to comply with court orders, even if based on a belief that venue is improper, warrants dismissal under Federal Rule of Civil Procedure 41(b).
• Brown v. Naphcare Health Care Servs. of Fla.
  M.D. Fla.· 2024-07-12 ·via 42 U.S.C. § 1983 Action
  The court held that a Section 1983 claim against an employer based solely on an employee's actions is barred by the inapplicability of respondeat superior, and that while a difference of medical opinion is insufficient, an allegation of being provided no consumable medication for
• Taveras v. Fla. Dep't of Transp.
  S.D. Fla.· 2024-07-12
  The court largely adopts the magistrate judge's recommendation to dismiss the complaint, but modifies the recommendation by denying leave to amend and declining supplemental jurisdiction over the state-law claim.
• Thomas v. Morales
  M.D. Fla.· 2024-07-12
  The court held that verbal abuse and threats alone do not constitute a constitutional violation actionable under Section 1983, and a prisoner cannot recover for emotional injury without a physical injury.
• Charles v. Fox
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff's complaint failed to state a claim against any defendant, and thus it was dismissed without prejudice.
• Safety Harbor Powersports, LLC v. City of Safety Harbor
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff failed to sufficiently plead a 'class of one' equal protection claim because it did not identify a similarly situated comparator with adequate specificity, and dismissed the procedural due process claim for failure to plead the unavailability of