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

• Leggett v. Badger
  759 F.2d 1556· 11th Cir.· 1985-05-13 ·cited 7×·via 42 U.S.C. § 1983 Action
  Attorney's fees can be assessed against a state even when damages are awarded only against a defendant official in his individual capacity, provided the state's interests were represented and the state is joined for the fee determination.
• Griffin v. State OF R.I.
  760 F.2d 359· 1st Cir.· 1985-04-16 ·cited 7×·via 42 U.S.C. § 1983 Action
  Res judicata principles bar the plaintiff's federal court action because the claims raised were, or could have been, litigated in prior state court proceedings.
• Brown v. E. Cent. Health Dist.
  752 F.2d 615· 11th Cir.· 1985-02-08 ·cited 7×·via Violation Of 42 U.S.C. § 1983
  The Eleventh Amendment does not bar suits against East Central Health District, and the applicable statute of limitations for claims under 42 U.S.C. § 1983 is the two-year period found in Ga.Code Ann. § 9-3-22.
• Miami Herald Publ'g Co. v. Ferre
  606 F. Supp. 122· S.D. Fla.· 1984-12-27 ·cited 7×
  The court held that the defendants' petition for removal was not defective due to nonjoinder and that the right to remove was not waived by filing an answer in state court.
• Nissan Motor Corp. IN U.S.A. v. Harding
  739 F.2d 1005· 5th Cir.· 1984-08-23 ·cited 7×
  The court held that the district court did not err in abstaining from exercising jurisdiction because the case presented an unsettled issue of state law regarding the retroactive application of a statute, which could resolve the federal constitutional question.
• Quinn v. Bryson
  739 F.2d 8· 1st Cir.· 1984-07-17 ·cited 7×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  A developer's claim for damages under 42 U.S.C. § 1983 for delays in obtaining a building permit, even if due to bad faith by a local official, does not state a claim if state courts are available to correct the error.
• Jones v. The State OF Ga.
  725 F.2d 622· 11th Cir.· 1984-02-21 ·cited 7×
  A probationary state employee terminated during their working test period, whose complaints did not involve matters of legitimate public concern and whose termination was not publicly disclosed, has no property or liberty interest infringed and thus no claim under the First, Fift
• Loh-Seng YO, M.D. v. Cibola Gen. Hosp.
  706 F.2d 306· 10th Cir.· 1983-05-12 ·cited 7×
  The court held that a private hospital receiving government funds and subject to regulation does not automatically constitute state action for purposes of a § 1983 claim unless the state is involved in the specific conduct complained of.
• Jones v. The Bd. OF Governors OF the Univ. OF N.C. & its constituent Inst. The Univ. of N.C. at Charlotte
  704 F.2d 713· 4th Cir.· 1983-04-01 ·cited 7×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction reinstating the student, as grave questions of procedural due process were presented and the balance of hardships favored the student.
• Mid-Fla Coin Exch., Inc. v. Griffin
  529 F. Supp. 1006· M.D. Fla.· 1981-12-16 ·cited 7×
  The court held that abstention doctrines (Pullman and Younger) were not applicable, and plaintiffs were entitled to preliminary injunctive relief regarding the challenged statutes.
• Hooks v. Louie L. Wainwright
  578 F.2d 1102· 5th Cir.· 1978-08-24 ·cited 7×
  The trial court did not err in issuing a preliminary injunction to ensure constitutionally adequate inmate access to the courts.
• Gajon BAR & Grill, Inc. v. Kelly
  508 F.2d 1317· 2d Cir.· 1974-12-05 ·cited 7×·via Violation Of 42 U.S.C. § 1983
  The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
• The People OF the State OF Miss. On the Relation of Lela Mae Giles v. Thomas
  464 F.2d 156· 5th Cir.· 1972-07-06 ·cited 7×
  The court held that the jury's finding of a settlement agreement was supported by abundant evidence, and the trial court correctly ruled that the defendant officials were immune from suit.
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.
• Cowart v. Duro
  2023 WL 5069482· M.D. Fla.· 2024-10-11 ·cited 6×
  The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
• Johnson v. Jones
  2023 WL 4358555· M.D. Fla.· 2024-09-25 ·cited 6×
  The court denied all of the plaintiff's post-judgment motions, finding them moot or without merit.
• Sherika Franklin v. Popovich
  111 F.4th 1188· 11th Cir.· 2024-08-06 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the officer was entitled to qualified immunity because the plaintiff failed to show a violation of a clearly established constitutional right, as the suspect's actions could reasonably be perceived as a threat justifying deadly force.
• Waseem Daker v. Jackson
  942 F.3d 1252· 11th Cir.· 2019-11-15 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff had accumulated at least three strikes under the PLRA and that the PLRA's three-strikes provision is constitutional.
• Sheena Yarbrough v. Decatur Hous. Auth.
  931 F.3d 1322· 11th Cir.· 2019-08-02 ·cited 6×
  A regulation establishing a preponderance of the evidence standard for housing benefit termination does not create a right enforceable under 42 U.S.C. § 1983, as it does not define or flesh out a right created by the Housing Act.
• Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles
  20 So. 3d 915· Fla. 1st DCA· 2009-09-25 ·cited 6×
  This appeal addresses whether the Florida Department of Highway Safety and Motor Vehicles acted unlawfully when it required drivers convicted of DUI before July 1, 2005 to install ignition interlock devices, even though the department lacked statutory authority to do so prior to
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem
• Marsh v. Butler Cnty.
  225 F.3d 1243· 11th Cir.· 2000-09-07 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The Eleventh Circuit reversed the district court's dismissal of the complaint, finding that the plaintiffs had alleged sufficient facts to state claims against Butler County, the Butler County Commission, and Sheriff Diane Harris. The court held that the district court erred in d
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×·via Section 1983
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Donat McDONALD and Dorrell Bryan v. State
  742 So. 2d 830· Fla. 4th DCA· 1999-09-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  McDonald and Bryan were charged with marijuana possession and delivery after police executed a search warrant at their home and discovered cannabis. While at the apartment, officers conducted a seven-hour reverse-sting operation without the defendants' consent, during which appro
• Anderson v. Steven R. Andrews, P.A.
  692 So. 2d 237· Fla. 1st DCA· 1997-04-23 ·cited 6×·via 42 U.S.C. § 1983 Claim Elements
  A legal malpractice action against an attorney who represented a pro se litigant in two federal civil rights cases. The court affirmed summary judgment on the Pittman case but reversed and remanded on the Harkins case, finding the trial court failed to address the malpractice cla
• Kantner v. Martin Cnty.
  929 F. Supp. 1482· S.D. Fla.· 1996-05-30 ·cited 6×
  The court held that plaintiffs' substantive due process and equal protection claims failed because the county's zoning decisions were non-legislative acts and supported by rational bases related to legitimate government concerns.
• In re The Est. OF Helen Smith v. City OF Hollywood
  644 So. 2d 158· Fla. 4th DCA· 1994-10-26 ·cited 6×
  A prevailing defendant in a section 1983 civil rights action is entitled to attorney's fees only when the plaintiff's claim is frivolous, unreasonable, or groundless, and a claim alleging police negligence in a high-speed chase resulting in death was not frivolous despite being d
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Felton Hale and Richard S. Berry v. State OF Ariz.
  993 F.2d 1387· 9th Cir.· 1993-05-04 ·cited 6×
  The Fair Labor Standards Act (FLSA) applies to prisoners working in prison-structured programs, requiring them to be paid the federal minimum wage.
• Lovelace v. Lark O'Hara
  985 F.2d 847· 6th Cir.· 1993-02-11 ·cited 6×
  The court held that the amended complaint, which sought to sue the defendant in his individual capacity after the statute of limitations had run, did not relate back to the original complaint because the defendant did not receive adequate notice within the prescribed period that
• Elder v. R.D. Holloway
  984 F.2d 991· 9th Cir.· 1993-01-27 ·cited 6×
  The court's order denying en banc review is dissented from, arguing the Elder rule unfairly burdens civil rights plaintiffs.
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Dimmig v. Robert "Pete" Wahl
  983 F.2d 86· 7th Cir.· 1993-01-06 ·cited 6×
  A sheriff may use political considerations when determining who will serve as a deputy sheriff, and discharging a deputy for refusing to campaign for the sheriff does not violate the First Amendment.
• Bostic v. City OF Chicago
  981 F.2d 965· 7th Cir.· 1992-12-23 ·cited 6×
  The court held that the plaintiff failed to demonstrate a Fourth Amendment violation regarding his post-arrest detention or the probable cause for his second arrest, and that his claim regarding exculpatory evidence was unsubstantiated.
• Cronen v. Tex. Dep't OF Human Servs.
  977 F.2d 934· 5th Cir.· 1992-11-23 ·cited 6×
  The Eleventh Amendment bars claims against the state and its agency for food stamp benefits, and qualified immunity protects individual defendants from liability for most claims, but not for the denial of income averaging.
• Thomson v. Scheid
  977 F.2d 1017· 6th Cir.· 1992-10-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's actions and claims did not rise to the level of constitutional violations under § 1983, and therefore, the district court's grant of summary judgment was appropriate.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×·via Section 1983
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Niehus v. Vince Liberio and Frank Vittorio
  973 F.2d 526· 7th Cir.· 1992-08-20 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's award for excessive force was supported by evidence, and that a loss of consortium claim cannot be brought under the Fourteenth Amendment's due process clause.
• Davet v. Enrico MacCarone
  973 F.2d 22· 1st Cir.· 1992-08-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's rulings, finding no reversible error in the denial of punitive damages, the refusal to grant a new trial, the award of costs, or the dismissal of the attorney fees claim due to lack of jurisdiction.
• Kincaid v. Kendall I. Vail
  969 F.2d 594· 7th Cir.· 1992-08-06 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  The court held that the clerk of court was entitled to absolute quasi-judicial immunity for actions taken at the direction of a judge, and that the plaintiffs failed to demonstrate a genuine issue of material fact regarding a constitutional violation.
• Rumford Pharmacy, Inc. v. City OF E. Providence
  970 F.2d 996· 1st Cir.· 1992-07-31 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim for procedural due process violations because it did not allege the unavailability of adequate state remedies, and lacked standing for injunctive relief as its injury was not redressable.
• Felton Hale and Richard S. Berry v. State OF Ariz.
  967 F.2d 1356· 9th Cir.· 1992-06-24 ·cited 6×
  The court held that the precedent established in Gilbreath v. Cutter Biological dictates that inmates working within the prison system are not covered by the FLSA.
• Carleen Bowen v. City OF Manchester
  966 F.2d 13· 1st Cir.· 1992-06-05 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that neither Officer DiSabato nor the City of Manchester or Police Chief King were deliberately indifferent to the risk of Mr. Bowen's suicide, and thus summary judgment for the defendants was appropriate.
• Tranello v. Frey
  962 F.2d 244· 2d Cir.· 1992-05-01 ·cited 6×
  The court held that it lacked jurisdiction to hear the plaintiff's cross-appeal due to untimely filing, but affirmed the denial of summary judgment on the ADEA claim against the County.
• Belanger v. Madera Unified Sch. Dist.
  963 F.2d 248· 9th Cir.· 1992-04-29 ·cited 6×
  A California school district is considered a state agency for Eleventh Amendment purposes, and thus immune from suit, because its funding is centrally controlled by the state and a judgment against it would be satisfied by state funds.
• Valenti v. Mitchell
  962 F.2d 288· 3d Cir.· 1992-04-14 ·cited 6×
  The court held that the Rooker-Feldman doctrine did not bar the district court from hearing constitutional claims by parties who were not participants in the prior state supreme court proceedings, even if those proceedings addressed similar issues.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat