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

• Harrell v. Campbell
  482 F. Supp. 2d 1368· N.D. Fla.· 2007-03-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer is not entitled to qualified immunity because a jury could find his use of force violated clearly established law, as defined by controlling Eleventh Circuit precedent.
• Thampi v. Collier Cnty. Bd. of Comm'rs
  510 F. Supp. 2d 838· M.D. Fla.· 2007-03-05 ·via Violation Of 42 U.S.C. § 1983
  The court held that collateral estoppel did not bar the First Amendment claims because the administrative hearing did not resolve identical issues, and that neither party was entitled to summary judgment on the facial constitutionality of the policy.
• Diaz v. Cobb
  475 F. Supp. 2d 1270· S.D. Fla.· 2007-02-27 ·via 42 U.S.C. § 1983 Liability
  The court held that a voter's claim for injunctive relief was moot, and claims regarding lack of notice and the mental capacity checkbox failed to state a claim, but the claim regarding the lack of a grace period for registration deficiencies was allowed to proceed.
• Wolk v. Seminole Cnty.
  510 F. Supp. 2d 786· M.D. Fla.· 2007-02-16 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that disputed facts regarding probable cause precluded summary judgment for Deputy Klein on the false arrest and imprisonment claims, but granted summary judgment for other defendants on those claims. Summary judgment was granted for all defendants on the unconstit
• Abad v. City of Marathon
  472 F. Supp. 2d 1374· S.D. Fla.· 2007-02-08 ·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's speech involved a matter of public concern and his free speech interest outweighed the employer's, but granted qualified immunity to defendant Puto because the plaintiff's rights were not clearly established. Summary judgment was denied for cla
• McCloud v. Fortune
  510 F. Supp. 2d 649· N.D. Fla.· 2007-01-25 ·via § 1983
  The court denied the defendants' motion for a new trial or remittitur, finding the jury's verdict was supported by the weight of the evidence and the damages awarded were reasonable.
• Alverna Brown v. Jenne
  941 So. 2d 447· Fla. 4th DCA· 2006-10-25 ·via 42 U.S.C. § 1983 Liability
  The Fourth District Court of Appeal reversed a trial court's grant of a motion to dismiss based on absolute sovereign immunity for county fire rescue personnel sued under 42 U.S.C. § 1983. The court held that county employees, unlike state agencies, do not enjoy absolute sovereig
• Frazier Ex Rel. Frazier v. Alexandre
  2006 U.S. Dist. LEXIS 38561· S.D. Fla.· 2006-05-31 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
• Int'l Longshoremen's Ass'n v. Miami-Dade Cnty.
  926 So. 2d 433· Fla. 3d DCA· 2006-04-05
  The International Longshoremen's Association and its members challenged Miami-Dade County's temporary suspension of their Port security clearances following Coast Guard-mandated security reviews. The court affirmed dismissal of their due process claim, holding that workers have n
• R.K. v. Kanaski
  426 F. Supp. 2d 1290· S.D. Fla.· 2006-03-24
  The court held that defendants lacked standing to assert confidentiality objections under Florida statutes regarding child welfare records, and even if they had standing, the statutes did not bar the use of such records in a federal civil rights action, particularly when an excep
• Woods v. Paradis
  380 F. Supp. 2d 1316· S.D. Fla.· 2005-02-22 ·via Violation Of 42 U.S.C. § 1983
  The court granted summary judgment for the defendants, finding the officer had arguable probable cause for the arrest, thus entitling him to qualified immunity.
• Ray Ex Rel. R.M. v. Foltz
  354 F. Supp. 2d 1309· M.D. Fla.· 2005-01-21
  The court held that the plaintiffs' allegations, taken as true, sufficiently stated a claim for a constitutional violation under 42 U.S.C. § 1983, and that qualified immunity was inapplicable, thus denying the defendants' motions to dismiss.
• Dominguez v. Metro. Miami-Dade Cnty.
  359 F. Supp. 2d 1323· S.D. Fla.· 2004-11-23 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that disclosure of the confidential informant's identity or an in camera examination is not required because the plaintiff failed to establish its necessity and the government's interest in protecting the informant outweighs the plaintiff's speculative claims.
• Diaz v. Hood
  342 F. Supp. 2d 1111· S.D. Fla.· 2004-10-26
  The court held that the plaintiffs, both individual and union, lacked standing to bring their claims because they failed to allege sufficient facts demonstrating injury in fact, causation, or redressability, or failed to identify specific injured members.
• Cannon v. Lindsey
  328 F. Supp. 2d 1287· M.D. Fla.· 2004-07-30
  A minor in state foster care was abused by his adoptive mother after the Department of Children and Families placed and facilitated his adoption despite evidence of risk. The court held that the plaintiff's section 1983 claims were timely under federal accrual principles and that
• Aisenberg v. Hillsborough Cnty. Sheriff's Off.
  2004 U.S. Dist. LEXIS 13498· M.D. Fla.· 2004-07-16
  Federal prosecutors are entitled to absolute immunity for prosecutorial functions, including preparing and filing charging documents, making representations to the court, and retaining experts, even if the allegations suggest misconduct.
• Mekertin v. Winn Dixie Stores, Inc.
  869 So. 2d 1286· Fla. 4th DCA· 2004-04-21
  The appellate court affirmed the dismissal because it lacked jurisdiction to review the prior dismissal orders, as no timely notice of appeal was filed for those orders.
• Pino v. City of Miami
  315 F. Supp. 2d 1230· S.D. Fla.· 2004-02-18 ·via Violation Of 42 U.S.C. § 1983
  The court granted summary judgment for the City, finding no evidence of a policy or custom supporting the § 1983 claim and that the plaintiff failed to exhaust administrative remedies for the Whistleblower Act claim.
• Hernandez v. City of Miami
  302 F. Supp. 2d 1373· S.D. Fla.· 2004-02-13 ·via 42 U.S.C. § 1983 (Excessive Force)
  A reasonable jury could find that the officer's use of deadly force violated the Fourth Amendment, and the officer is not entitled to qualified immunity at this stage because the law was clearly established.
• Afkhami v. Carnival Corp.
  305 F. Supp. 2d 1308· S.D. Fla.· 2004-01-28 ·via Violation Of 42 U.S.C. § 1983
  The court granted Carnival's motion for summary judgment on some claims, finding no genuine issue of material fact regarding discrimination, but allowed other claims to proceed.
• Johnson's Servs., Inc. v. Pinellas Cnty.
  863 So. 2d 470· Fla. 2d DCA· 2004-01-21
  Johnson's Services challenged a summary judgment dismissing its §1983 procedural due process claim against Pinellas County for curbing off two of the company's gas station driveways without notice. The court reversed, holding that Johnson's Services had a constitutionally protect
• Byford v. Stephens
  299 F. Supp. 2d 1253· S.D. Fla.· 2003-11-07 ·via Section 1983
  The court held that Officer Stephens was entitled to qualified immunity because he had arguable probable cause to arrest the plaintiff for falsely reporting a crime, and even if he lacked arguable probable cause, the law was not clearly established that his actions were unlawful.
• IN & FOR NEW Castle Cnty. Joyce Parker & Willie Parker v. C.A. No. 99C-07-323-JRJ
  Del. Super. Ct.· 2003-10-14
  The court granted the plaintiffs' motion to amend their complaint, finding that justice required permitting the amendment. The court determined that the proposed amendments related back to the date of the original filing and that the defendants would not be unduly prejudiced.
• Strickland v. Allen
  1995 WL 783254· N.D. Fla.· 2003-06-23 ·via Section 1983
  The court held that the United States' motion to withdraw its admission regarding timely notice of an attorney charging lien should be granted because withdrawal would subserve the presentation of the merits and the opposing party failed to show prejudice.
• Miami-Dade Cnty. v. Walker
  837 So. 2d 1049· Fla. 3d DCA· 2002-12-26 ·via 42 U.S.C. § 1983 Liability
  Miami-Dade County appeals a judgment for Arthur Walker in a civil rights action under 42 U.S.C. § 1983 based on alleged failure to train police officers in dealing with the mentally ill. The court reverses, holding that Walker failed to establish both deliberate indifference and
• Klauber v. City of Sarasota
  235 F. Supp. 2d 1263· M.D. Fla.· 2002-11-18
  The court granted summary judgment for the defendants on the Equal Protection and First Amendment claims, finding no genuine issue of material fact regarding intentional discrimination or proper pleading of the First Amendment claim.
• Jackson v. State
  829 So. 2d 398· Fla. 3d DCA· 2002-11-06
• Kemner v. Hemphill
  199 F. Supp. 2d 1264· N.D. Fla.· 2002-05-03
  The court held that the plaintiff's allegations of sexual assault, including forced oral sex, resulting in physical pain, cuts, bruises, vomiting, and shock, constitute 'physical injury' under the PLRA, 42 U.S.C. § 1997e(e), thus allowing claims for compensatory and punitive dama
• Hadsock v. Bush
  180 F. Supp. 2d 1321· S.D. Fla.· 2001-12-04
  The court held that the Eleventh Amendment does not bar claims under the Medicaid Act but does bar claims under the Adoption and Safe Families Act due to its detailed remedial scheme. The court also found that Younger abstention did not apply.
• Nelson v. City of Panama City
  176 F. Supp. 2d 1288· N.D. Fla.· 2001-12-03
  The court held that official capacity claims against an officer are redundant to claims against the city, and that certain state law claims against the city are barred by sovereign immunity, but other claims, including abuse of process and negligent hiring, survive a motion to di
• Palermo v. Corr. Med. Servs., Inc.
  148 F. Supp. 2d 1340· S.D. Fla.· 2001-06-21
  Summary judgment is granted for Dr. Fisher and CMS because the plaintiff failed to present sufficient evidence of deliberate indifference to serious medical needs or a custom of denying surgery.
• Ross v. City of Orlando
  141 F. Supp. 2d 1360· M.D. Fla.· 2001-06-04 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that while the city ordinance was not facially vague, its application to the plaintiff's boat on a trailer constituted an erroneous interpretation, not a constitutional violation.
• Wilson v. Silcox
  151 F. Supp. 2d 1345· N.D. Fla.· 2001-03-07
  The court adopted the magistrate judge's recommendation to deny the defendant's motion for summary judgment, finding that the plaintiff presented sufficient evidence for his First Amendment retaliation claim and that his Eighth Amendment claim for psychological harm from verbal t
• IN & FOR KENT CNTY. IN RE: 244.5 ACRES OF LAND
  Del. Super. Ct.· 2001-01-19
  The Court held that the fifty-foot setback requirement under the Delaware Agricultural Lands Preservation Act applies to the plaintiff's development because it had not satisfied the "permit-plus" standard. Furthermore, the Court found that the setback requirement did not constitu
• Widmer v. Moore
  776 So. 2d 324· Fla. 1st DCA· 2001-01-10
  An inmate member of the Hare Krishna sect appeals the dismissal of his § 1983 complaint alleging prison officials violated his First Amendment rights by denying him a vegetarian diet and religious beads. The court reversed the dismissal of claims for injunctive relief against one
• Mason v. City of Tampa
  134 F. Supp. 2d 1309· M.D. Fla.· 2000-12-01 ·via Violation Of 42 U.S.C. § 1983
  The court held that genuine issues of material fact existed regarding the plaintiff's claims of race discrimination and retaliation, but granted summary judgment for the defendants on the claims of hostile work environment and constructive discharge.
• Neumont v. Monroe Cnty.
  990 F. Supp. 2d 926· S.D. Fla.· 2000-11-02
  The court affirmed and adopted the magistrate judge's report and recommendation, granting the plaintiffs' motion for class certification.
• Kruger v. Jenne
  164 F. Supp. 2d 1330· S.D. Fla.· 2000-06-19 ·via Violation Of 42 U.S.C. § 1983
  The court adopted the magistrate judge's recommendation, denying defendants' motions to dismiss and for a more definite statement, finding the plaintiff's allegations sufficient to proceed.
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• Sendelbach v. Lockwood
  760 So. 2d 227· Fla. 5th DCA· 2000-05-12
  A municipal official's decision is not final if subject to meaningful administrative review, thus precluding a § 1983 claim based on that decision.
• Dow Jones & Co., Inc. v. Kaye
  2000 U.S. Dist. LEXIS 5456· S.D. Fla.· 2000-04-05
  The court held that the newspaper publishers have standing and that neither the Rooker-Feldman doctrine nor Younger abstention bars their First Amendment claims in federal court.
• Calvert v. Collins
  763 So. 2d 1145· Fla. 4th DCA· 2000-01-19
  The court held that the sheriff's alleged failure to enforce a policy regarding off-duty employment was insufficient to establish a cause of action under 42 U.S.C. § 1983 for a deputy's alleged false arrest and illegal search.
• Reed v. Aerothrust Corp.
  748 So. 2d 368· Fla. 3d DCA· 2000-01-12 ·via 42 U.S.C. § 1983 Civil Rights Claim
• Kissimmee River Valley Sportsmans Ass'n v. City of Lakeland
  60 F. Supp. 2d 1289· M.D. Fla.· 1999-08-17
  The Court held that the Federal Aid in Sportfish Recreation Act and its regulations do not create a federal right enforceable under 42 U.S.C. § 1983, and therefore dismissed the federal claim and related state law claims.
• Dicks v. Jenne
  740 So. 2d 576· Fla. 4th DCA· 1999-07-21
  In this civil rights action under 42 U.S.C. § 1983, the court addresses whether the law of the case doctrine bars reconsideration of qualified immunity and probable cause issues that were previously decided by the appellate court. The court holds that once an appellate court has
• Williams v. Bierman
  46 F. Supp. 2d 1262· M.D. Fla.· 1999-04-13 ·via Violation Of 42 U.S.C. § 1983
  Defendants are entitled to dismissal because they are immune from civil liability for actions taken in judicial proceedings or as private individuals not acting under color of state law, and plaintiffs failed to state a claim for deprivation of federal rights.
• Evans v. City of Neptune Beach
  61 F. Supp. 2d 1245· M.D. Fla.· 1998-12-23 ·via 42 U.S.C. § 1983 Liability
  The court held that Officer Marshall's actions were objectively reasonable under the Fourth Amendment, thus granting summary judgment on the federal claims and dismissing the state law claims.
• Huerta v. Hillsborough Cnty.
  720 So. 2d 276· Fla. 2d DCA· 1998-10-23
  Henry Huerta, a county employee, was terminated two days after being quoted in a newspaper article criticizing the county's child care licensing program. The court reversed summary judgment for the defendant on qualified immunity grounds, holding that Huerta's termination in reta
• Camco Cable Servs., Inc. v. City of Lauderhill
  13 F. Supp. 2d 1329· S.D. Fla.· 1998-07-23
  The court held that the plaintiff, a corporation, lacked standing under 42 U.S.C. § 1983 because the regulation it relied upon, 47 C.F.R. § 25.104, was intended to protect individual users, not commercial entities.
• Parham v. Lámar
  1 F. Supp. 2d 1457· M.D. Fla.· 1998-04-16
  The court held that the plaintiff's claims were properly dismissed because of lack of personal jurisdiction, insufficient service of process, failure to state a constitutional tort, and lack of subject matter jurisdiction.