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

• Wade v. Ga. Corr. Health, LLC
  11th Cir.· 2024-07-10
  A transgender inmate brought an Eighth Amendment deliberate-indifference claim after suffering seizures due to missed medication at a Georgia prison. The Eleventh Circuit Court of Appeals, sitting en banc, held that to establish liability for deliberate indifference to serious me
• Graham v. Torres
  M.D. Fla.· 2024-07-10
  The court held that a federal court must abstain from interfering with pending state criminal proceedings and that judicial and prosecutorial immunity bars claims against state officials for actions taken in those proceedings.
• Johnson v. COX
  N.D. Fla.· 2024-07-09
  The court held that a plaintiff proceeding in forma pauperis ultimately bears the burden of ensuring service, even if the U.S. Marshal attempts it, and failure to provide necessary information for service after a year warrants dismissal under Rule 4(m).
• Stewart v. Brevard Cnty.
  M.D. Fla.· 2024-07-01
  The court held that the plaintiff's claims were not ripe for judicial review because he had not received a final decision from the County regarding his waiver application, and thus the court lacked subject matter jurisdiction.
• Cantrell Dunsmore v. Wells
  M.D. Fla.· 2024-06-27 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that Plaintiff adequately alleged a Section 1983 claim against Sheriff Wells and Manatee County for deliberate indifference, but granted dismissal of punitive damages claims against Sheriff Wells and Manatee County.
• Adkins v. Charlotte C.I.
  M.D. Fla.· 2024-06-25 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's second amended complaint states a plausible claim against Dr. Noe for an Eighth Amendment violation, but dismisses claims against other defendants for failure to state a claim.
• Hamilton v. Ardon
  S.D. Fla.· 2024-06-25
  The court held that the pro se prisoner's complaint failed to state a plausible claim for false arrest and was subject to dismissal.
• Peart v. State
  M.D. Fla.· 2024-06-14 ·via 42 U.S.C. § 1983 Action
  The Eleventh Amendment bars suits against a state in federal court absent waiver or abrogation of immunity, and Florida has not waived its immunity in federal civil rights actions.
• Rivera v. Sergeant Marin R
  S.D. Fla.· 2024-06-11
  The court adopted the magistrate judge's recommendation to dismiss most claims, finding no plausible allegations for failure to intervene, supervisory liability, continuing seizure, or excessive force under the Fourth Amendment, but allowed amendment for supervisory liability.
• Malandrino v. Christmas
  S.D. Fla.· 2024-06-05 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that it must abstain from hearing a civil-rights complaint when it interferes with ongoing state criminal proceedings and child custody matters, as no exceptions to the Younger abstention doctrine apply.
• Culmer v. JSO Sheriffs Dep't
  M.D. Fla.· 2024-06-04
  The court held that the plaintiff's pro se complaint failed to meet federal pleading standards and was deficient in multiple respects, requiring an amended complaint.
• Balaban v. Prummell
  M.D. Fla.· 2024-06-04
  The court granted in part and denied in part the motion to dismiss, ordering dismissal of certain counts and punitive damages while allowing others to proceed with an amended complaint.
• Thevenin v. Bradshaw
  S.D. Fla.· 2024-05-31
  The court held that a pro se plaintiff failed to state a claim under 42 U.S.C. § 1983 because the allegations did not establish a violation of a federal right, and amendment would be futile.
• Hall v. Masters
  M.D. Fla.· 2024-05-29
  Summary judgment is granted for the defendant because the plaintiff failed to establish causation and the subjective element of deliberate indifference.
• Diaz v. Dixon
  N.D. Fla.· 2024-05-29
  The court held that a plaintiff's failure to comply with court orders, by filing an amended complaint with entirely new allegations instead of addressing deficiencies, warrants dismissal.
• Thomas v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-05-28 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the plaintiff's allegations sufficiently plead deliberate indifference to serious medical needs against the nurse and physician, thus denying their motion to dismiss.
• Bowen v. Blais
  M.D. Fla.· 2024-05-28
  The court held that Plaintiff's allegations of malice were sufficient to state a claim for malicious prosecution and negligent hiring/retention, but failed to establish a municipal policy or custom for a § 1983 claim.
• Cantrell Dunsmore v. Wells
  M.D. Fla.· 2024-05-24
  The court held that the pendency of motions to dismiss, standing alone, does not constitute good cause or reasonableness to stay discovery.
• Emanuel v. Petrick
  S.D. Fla.· 2024-05-17 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the pro se plaintiff's complaint must be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) because it lacks arguable merit in law or fact.
• Rivero v. Monroe Country Sheriffs Off.
  S.D. Fla.· 2024-05-14 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted the motion to dismiss, finding that the Sheriff's Office was an improper defendant, official capacity claims were redundant, individual capacity claims against the Sheriff failed for lack of personal involvement, and the remaining claims were barred by qualified
• Brown v. Does
  M.D. Fla.· 2024-05-13 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's third amended complaint failed to state a claim upon which relief could be granted and must be dismissed without prejudice, with leave to amend.
• Kroft v. ONeal
  M.D. Fla.· 2024-05-13 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Florida's four-year statute of limitations for personal injury actions.
• Evans v. Rozas
  M.D. Fla.· 2024-05-09
  The court held that it must abstain from interfering with ongoing state criminal proceedings, staying the federal case until those proceedings conclude.
• Murray v. Taylor
  M.D. Fla.· 2024-05-06
  The court granted the defendants' motion to stay discovery and case deadlines pending resolution of their motion to dismiss.
• Hartigan v. Hernando Cnty.
  M.D. Fla.· 2024-04-24 ·via Violation Of 42 U.S.C. § 1983
  The court held that a state has broad power to impose taxes, and a property owner cannot claim a constitutional right is violated by the imposition of a property tax, especially when the arguments resemble frivolous 'sovereign citizen' theories.
• New Muslim Party v. State
  S.D. Fla.· 2024-04-19 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the pro se civil rights complaint must be dismissed because it was filed outside the applicable four-year statute of limitations.
• Adkins v. Charlotte C.I.
  M.D. Fla.· 2024-04-15 ·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff's complaint failed to state a plausible claim for deliberate indifference to serious medical needs.
• Pringle v. Duncan
  M.D. Fla.· 2024-04-09
  The court held that the plaintiff's civil rights claim was properly dismissed because it failed to state a plausible claim and was barred by the statute of limitations.
• McCabe v. Pinellas Cnty.
  M.D. Fla.· 2024-04-05
  The court held that the pro se plaintiff failed to state a viable § 1983 claim against the Sheriff's Department or Sheriff Gualtieri, and that claims based solely on state law are not actionable under § 1983.
• Holmes v. Clearwater Police Dep't
  M.D. Fla.· 2024-03-28
  Officers are entitled to qualified immunity because they had arguable probable cause to arrest and strip search the plaintiff, thus not violating clearly established constitutional rights.
• Norfleet v. Charlotte Cnty. Jail
  M.D. Fla.· 2024-03-25 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's amended complaint was deficient and failed to state a claim, warranting dismissal.
• Cuyler v. Wilson
  M.D. Fla.· 2024-03-20 ·via § 1983
  Judges and federal prosecutors are entitled to absolute immunity for actions taken in their official capacities, barring claims against them.
• Knight v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-03-19 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to state a claim against Centurion and dismissed her ADA, equal protection, due process, and privacy claims against it. The court also found that the plaintiff failed to properly exhaust administrative remedies regarding her claims against
• Kubisiak v. Gualtieri
  M.D. Fla.· 2024-03-18
  The court denied the defendants' motion for summary judgment and granted the plaintiff's motion regarding the counterclaim, finding that genuine disputes of material fact existed regarding probable cause for the arrest.
• Minott v. City of Fort Myers
  M.D. Fla.· 2024-03-15
  The Court granted the Defendants' Motions to Dismiss, finding the Amended Complaint to be a shotgun pleading and dismissing it without prejudice, while also expressing doubts about the viability of the Section 1983 claims.
• Lenoir v. Thurson
  M.D. Fla.· 2024-03-15 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prosecutor is entitled to absolute immunity for actions taken during a criminal prosecution, and a malicious prosecution claim requires termination in the plaintiff's favor.
• Balaban v. Winters
  M.D. Fla.· 2024-03-15
  The court held that the plaintiff failed to state a claim under Section 1983 against both the individual defendant and the municipality because the alleged conduct was private and not committed under color of state law, and the municipality's actions did not violate constitutiona
• Green v. Trinity Servs. Grp., Inc.
  M.D. Fla.· 2024-03-11
  The court held that the amended complaint was insufficient to state a claim under 42 U.S.C. § 1983 because a single incident of finding a foreign object in food does not constitute a constitutional deprivation, and the plaintiff failed to plead a custom or policy of the defendant
• Smola v. Chronister
  M.D. Fla.· 2024-03-08
  The court held that the deputy's use of a single kick to subdue a suspect who had partially complied but still posed a potential threat was objectively reasonable and did not violate clearly established law, thus granting qualified immunity. The court also found the sheriff immun
• Percival v. Leduc
  M.D. Fla.· 2024-03-08
  Diana Percival sued a county sheriff and two deputies after they assisted her ex-boyfriend in entering her home without a warrant or valid consent and subsequently arrested her following a physical altercation. The court granted in part and denied in part the defendants' motions
• Phillips v. Hendry Cnty. Jail
  M.D. Fla.· 2024-03-07
  The court held that a federal court must abstain from interfering with pending state criminal proceedings and that a § 1983 claim requires a state actor.
• Hall v. Carner
  M.D. Fla.· 2024-03-06
  The court held that the plaintiffs failed to state a plausible claim for relief regarding the FCCC's mail policy and shared tablet use, dismissing the complaint without prejudice.
• LaPread v. Buis
  M.D. Fla.· 2024-03-04
  The court held that the plaintiff's complaint failed to state a claim against the police department, under § 1981, or under Florida tort law due to insufficient specificity and failure to meet statutory requirements.
• Moretto v. Wilson
  M.D. Fla.· 2024-03-04
  The court held that while the plaintiff's motion to reopen is granted due to payment of the filing fee, he must file a second amended complaint to properly state his claims.
• Vick v. Hernando Cnty. Detention Ctr.
  M.D. Fla.· 2024-02-28
  The court held that the plaintiff failed to state a viable § 1983 claim in his third amended complaint, requiring dismissal without prejudice.
• Lorch v. Williams
  M.D. Fla.· 2024-02-22
  The court held that the plaintiff's complaint fails to state a plausible claim under 42 U.S.C. §1983 because the alleged conduct does not amount to a constitutional violation and claims challenging disciplinary reports are barred by the Heck doctrine.
• Battle v. Miller
  S.D. Fla.· 2024-02-20
  The court held that the plaintiff's complaints were impermissible shotgun pleadings and failed to state a claim, but granted leave to amend.
• Pee v. Zimmerman
  S.D. Fla.· 2024-02-13
  The court held that the amended complaint was a shotgun pleading and dismissed it with leave to amend, while denying dismissal of some claims and granting dismissal of others.
• Jones v. Waters
  M.D. Fla.· 2024-02-07
  The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
• Pringle v. Caner, M.D.
  S.D. Fla.· 2024-02-05 ·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff's amended complaint failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.