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

• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1481· M.D. Fla.· 1998-04-15
  Pinellas County is not entitled to Eleventh Amendment immunity because it is not acting as an arm of the state when enacting its own charitable solicitation ordinance.
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  997 F. Supp. 1476· M.D. Fla.· 1998-03-04
  The court denied the motion to dismiss as to defendants Walsh and Lord, finding the Eleventh Amendment did not bar the suit, and ordered further briefing on the Eleventh Amendment immunity for Pinellas County.
• Singer v. AT & T Corp.
  959 F. Supp. 2d 427· S.D. Fla.· 1998-03-04
  The court held that the plaintiff's motion for class certification should be granted because the class was adequately defined, numerous, common questions of law and fact predominated, the named plaintiff's claims were typical, and the representation was adequate.
• Garcia v. Cristobal Reyes
  698 So. 2d 257· Fla.· 1997-08-21 ·via 42 U.S.C. § 1983 Cause Of Action
  The Florida Supreme Court held that children do not have a constitutionally protected liberty interest in family companionship under the Fourteenth Amendment's Due Process Clause that would support a Section 1983 cause of action when their parent is wrongfully imprisoned. The Cou
• Citizens Concerned About Our Child. v. Sch. Bd. of Broward Cnty.
  966 F. Supp. 1166· S.D. Fla.· 1997-05-13
  The court held that Citizens Concerned About Our Children lacks standing to sue because its members have not demonstrated individual injury, and the individual plaintiffs' claims for injunctive relief are moot. The court also found that the individual plaintiffs lack standing for
• Sutor v. Cochran
  687 So. 2d 897· Fla. 4th DCA· 1997-01-29
  Scott Sutor challenged Sheriff Ron Cochran's Special Process Server Agreement, which required special process servers to use sheriff-provided affidavits, charge fixed fees, and accept at-will termination without cause. The appellate court reversed in part, finding the sheriff exc
• Garrison v. City of Lakeland
  954 F. Supp. 246· M.D. Fla.· 1997-01-13
  The court denied the motion for a temporary restraining order, finding that the NLRB has primary jurisdiction and the plaintiffs are unlikely to succeed on the merits.
• Hartman v. Corr. Med. Servs., Inc.
  960 F. Supp. 1577· M.D. Fla.· 1996-12-30
  The court held that genuine issues of material fact exist regarding whether the defendants acted with deliberate indifference to the serious medical needs of the inmate, thus denying their motions for summary judgment.
• Denmark v. Lee Cnty.
  931 F. Supp. 831· M.D. Fla.· 1996-07-01
  Summary judgment is denied for Defendant Schramm on the § 1983 claims and the state law battery claim due to genuine issues of material fact regarding excessive force. Summary judgment is granted for Defendant Schramm on the state law false arrest and false imprisonment claims be
• Foshee v. Health Mgmt. Assocs.
  675 So. 2d 957· Fla. 5th DCA· 1996-05-10
  A Florida appellate court reviewed the dismissal of a complaint alleging false imprisonment and intentional infliction of emotional distress against healthcare providers who allegedly detained a patient under the Baker Act without proper procedures. The court held that false impr
• Kemp v. Monge
  919 F. Supp. 404· M.D. Fla.· 1996-02-09
  The court held that the plaintiff's salary upon reinstatement was implicitly determined by the jury's back pay award, and thus the plaintiff should be reinstated at that salary. The court also held that reinstatement to the rank of Corporal was too speculative and denied that req
• Amos v. State
  666 So. 2d 933· Fla. 2d DCA· 1995-12-20
  Attorneys performing prosecutorial functions are absolutely immune from liability for claims under federal and state law, but attorneys not performing such functions are not entitled to this immunity.
• Zeller v. the Florida Bar
  909 F. Supp. 1518· N.D. Fla.· 1995-06-16
  The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
• Wyke v. Polk Cnty. Sch. Bd.
  898 F. Supp. 852· M.D. Fla.· 1995-05-15
  The court held that the school board had no constitutional duty to protect the student from suicide and that the failure to train staff did not rise to the level of deliberate indifference required for municipal liability under Section 1983.
• Harris v. McDonald's Corp.
  901 F. Supp. 1552· M.D. Fla.· 1995-04-03 ·via Violation Of 42 U.S.C. § 1983
  The court held that while claims based on the FDCA, FDA Rules, Fourteenth Amendment, and 42 U.S.C. § 1983 were properly dismissed for lack of federal jurisdiction, a claim under 42 U.S.C. § 1981 for racial discrimination in handling the insurance claim was sufficiently pleaded to
• Washington v. Vogel
  880 F. Supp. 1542· M.D. Fla.· 1995-01-25 ·via 42 U.S.C. § 1983 Liability
  The court held that plaintiffs failed to present sufficient evidence from which a reasonable jury could find that the traffic stops were pretextual and motivated by race or national origin, or that a municipal policy of targeting minorities existed without an underlying constitut
• Bain v. The City OF Hialeah
  646 So. 2d 771· Fla. 3d DCA· 1994-11-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court reversed a trial court's dismissal of an amended complaint alleging excessive force by Hialeah police officers and their chief in apprehending a minor through a police dog. The decision clarifies that claims for excessive force in arrest, including state tort and federa
• Matthews v. Wells
  641 So. 2d 478· Fla. 2d DCA· 1994-08-19
  Service of process on the Department of Insurance is not required for federal civil rights claims against individual state actors, even if state law purports to require it.
• Smith v. United States
  850 F. Supp. 984· M.D. Fla.· 1994-04-28 ·via 42 U.S.C. § 1983 Liability
  A private corporation contracting with the government to perform a public service is entitled to raise qualified immunity as a defense, distinguishing it from private defendants acting for personal interests or municipal corporations.
• Bensch v. Metro. Dade Cnty.
  855 F. Supp. 351· S.D. Fla.· 1994-04-11
  The court held that the plaintiffs failed to adequately allege an affirmative causal connection between SFWMD's actions and the alleged constitutional deprivation, warranting dismissal of the Section 1983 claim.
• Martinson v. Shalala
  733 F. Supp. 85· M.D. Fla.· 1994-02-15 ·via Section 1983
• Henderson v. Wilkinson
  627 So. 2d 579· Fla. 2d DCA· 1993-12-01
  A property owner's section 1983 claim against a state employee for failing to provide statutorily required tax information was properly dismissed because the alleged deprivation could be remedied through a de novo circuit court trial on the tax assessment.
• Peden v. Suwannee Cnty. Sch. Bd.
  837 F. Supp. 1188· M.D. Fla.· 1993-11-18 ·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination for the Vocational Director position and that her contract non-renewal was not retaliatory, affirming the jury's findings and denying a new trial.
• Corp. of the President of the Church of Jesus Christ of Latter Day Saints v. Env't Prot. Comm'n
  837 F. Supp. 413· M.D. Fla.· 1993-11-15
  A plaintiff acting as an agent has standing to sue on behalf of the principal, and a local government agency is not immune from suit under the Eleventh Amendment for § 1983 claims.
• Rowland W. Dory v. Burton T. Ryan, Jr.
  999 F.2d 679· 2d Cir.· 1993-07-28
  A pro se prisoner's civil rights complaint is deemed filed when delivered to prison officials, and prosecutorial/witness immunity does not shield defendants from liability for an extra-judicial conspiracy to present perjured testimony.
• Bockes v. Bettye Lou Fields
  999 F.2d 788· 4th Cir.· 1993-07-26 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  Governmental social service boards and departments are state entities immune from federal suit under the Eleventh Amendment if their liability would be paid from state funds, and a county is not liable under § 1983 for personnel decisions of such a board if the board lacks indepe
• Bennie F. Calhoun v. NEW York State Div. OF Parole Officers: J. McQuire
  999 F.2d 647· 2d Cir.· 1993-07-23
  The court held that while the plaintiff's due process rights were violated by extending his sentence without a final revocation hearing, the defendant parole officers were entitled to qualified immunity because the specific constitutional right was not clearly established at the
• Patterson v. von Riesen
  999 F.2d 1235· 8th Cir.· 1993-07-23
  Prosecutors, parole board members, and prison wardens are absolutely immune from damages for actions taken within the scope of their official duties, including prosecutorial decisions, parole determinations, and incarceration pursuant to valid court orders.
• Drewitt v. Pratt
  999 F.2d 774· 4th Cir.· 1993-07-22 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a police officer is entitled to qualified immunity when, in the course of an arrest attempt, the suspect's actions created a severe threat of physical harm, making the officer's use of deadly force reasonable under the Fourth Amendment.
• Gonzalez v. Ysleta Indep. Sch. Dist.
  996 F.2d 745· 5th Cir.· 1993-07-20 ·via 42 U.S.C. § 1983 Liability
  The court held that the school district's transfer of a teacher accused of sexual abuse, despite prior allegations and a formal policy, did not demonstrate deliberate indifference to students' constitutional rights, and thus reversed the jury's verdict. The court also found that
• Johnson v. Atkins
  999 F.2d 99· 5th Cir.· 1993-07-14 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim upon which relief could be granted regarding the court's fee schedule and its impact on access to courts.
• Angela R. and Carrie G. v. Clinton
  999 F.2d 320· 8th Cir.· 1993-07-13
  The court held that the consent decree's enforcement provisions were too ambiguous to be approved, vacating the decree and remanding for further proceedings.
• Bender v. Brumley
  994 F.2d 1151· 5th Cir.· 1993-07-12 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
• Penn v. Iowa State Bd. OF Regents
  999 F.2d 305· 8th Cir.· 1993-07-09
  The court reversed a trial court's dismissal of an application to confirm an arbitration award, finding that the Federal Arbitration Act's venue provision did not preclude confirmation in the specified county.
• Chrissy F. v. MS Dept. OF Public Welfare
  995 F.2d 595· 5th Cir.· 1993-07-07 ·via Violation Of 42 U.S.C. § 1983
  The district court lacked jurisdiction to grant injunctive relief against state court judicial officers for actions taken in their judicial capacity, as this constituted a prohibited collateral attack on state court judgments.
• Wheat v. Joseph L. Mass, M.D.
  994 F.2d 273· 5th Cir.· 1993-07-06 ·via Violation Of 42 U.S.C. § 1983
  The court held that the dismissal of the complaint and the refusal to allow amendment were proper because the claims were meritless and unsupported by factual allegations.
• Cole v. Neb. State Bd. OF Parole
  997 F.2d 442· 8th Cir.· 1993-07-06
• Romualdo Suarez v. Chuck Cole Wimes
  996 F.2d 966· 8th Cir.· 1993-07-01
• Severino v. Negron
  996 F.2d 1439· 2d Cir.· 1993-06-29 ·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  Appellee officials are entitled to qualified immunity from the claim for money damages, even if a due process violation occurred, because the contours of the right were not sufficiently clear.
• Maxwell v. The City OF Indianapolis
  998 F.2d 431· 7th Cir.· 1993-06-29
  The court held that the officers' actions constituted an arrest requiring probable cause, and the significant discrepancies between the suspect's description and the arrestee's appearance raised a factual question for the jury regarding probable cause, thus denying qualified immu
• Jones v. Dick Moore
  996 F.2d 943· 8th Cir.· 1993-06-28
  The court held that the inmate did not possess a liberty interest in participating in the Missouri Sexual Offenders Program (MOSOP) at the time he desired, and his prior escape attempt eliminated his availability for the program.
• Mitchell v. Sheriff Dep't
  995 F.2d 60· 5th Cir.· 1993-06-28
  The court held that the district court erred in dismissing the prisoner's claims as frivolous without sufficient clarification on whether the lockdown constituted a punitive deprivation of liberty.
• Wyatt v. Cole
  994 F.2d 1113· 5th Cir.· 1993-06-25
  Private defendants sued under § 1983 for invoking a state statute are not entitled to qualified immunity but may be liable only if they acted in bad faith, meaning they knew or should have known the statute was unconstitutional.
• Handy v. Price
  996 F.2d 1064· 10th Cir.· 1993-06-25 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, and thus summary judgment for the defendants was appropriate.
• Leo and Arlene Zuchel v. The City & Cnty. OF Denver
  997 F.2d 730· 10th Cir.· 1993-06-23 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
• Blake v. Dickason
  997 F.2d 749· 10th Cir.· 1993-06-23
  The court held that Colorado's general two-year residual statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. § 1983, even in cases of child sexual assault.
• Carroll Richard Olson v. Coleman
  997 F.2d 726· 10th Cir.· 1993-06-22
  The court affirmed the district court's dismissal of all claims and assessed double costs and attorneys' fees against the appellant for a frivolous appeal.
• Cooper v. Delo
  997 F.2d 376· 8th Cir.· 1993-06-21 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing the retaliation and mail claims as frivolous, nor did it err in granting summary judgment for the defendant on the access to courts claim.
• Medvick v. City OF Univ. City
  995 F.2d 857· 8th Cir.· 1993-06-15 ·via 42 U.S.C. § 1983 Action
  The court held that a prior state court judgment on constitutional claims bars a subsequent federal § 1983 action based on the same claims due to res judicata.
• Woods v. Ind. University-Purdue Univ. AT Indianapolis
  996 F.2d 880· 7th Cir.· 1993-06-14 ·via 42 U.S.C. § 1983 Action
  The court remanded the case for further consideration of Fed.R.Civ.P. 15(c) regarding the relation back of an amended complaint to add new defendants.