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

• Augustus J. Simmons v. Wetherell
  472 F.2d 509· 2d Cir.· 1973-01-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
• George v. Conneaut Bd. OF Educ.
  472 F.2d 132· 6th Cir.· 1972-12-19 ·cited 4×
  A nontenured teacher is entitled to relief under 42 U.S.C. § 1983 if a school board refuses to rehire them because of the exercise of First Amendment rights. Due process does not require a statement of reasons or a hearing before the board in such cases.
• Patrone v. Howland Local Schs. Bd. OF Educ.
  472 F.2d 159· 6th Cir.· 1972-12-19 ·cited 4×
  A nontenured teacher with a limited contract, who was properly notified of non-renewal and did not meet certification requirements, has no constitutional right to a statement of reasons or a hearing.
• Burks v. Perk
  470 F.2d 163· 6th Cir.· 1972-11-17 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the District Court erred in enjoining the Mayor from conducting a hearing on charges against Civil Service Commissioners, as state law provided adequate remedies.
• Callahan v. Wallace
  466 F.2d 59· 5th Cir.· 1972-09-11 ·cited 4×
  The court held that while the district court did not err in refusing to order a refund of fines, it did err in declining to award attorney fees.
• Austin v. Maxwell
  456 F.2d 1237· 5th Cir.· 1972-03-20 ·cited 4×
  The court held that the district court's findings of fact regarding the motivation for the teacher's discharge were not clearly erroneous and that the hearing provided was fundamentally fair.
• West v. Cunningham
  456 F.2d 1264· 4th Cir.· 1972-02-23 ·cited 4×
  A case is not moot if there is a possibility of adverse collateral legal consequences, even if the prisoner has been released from the specific confinement.
• Rhodes v. Sigler
  448 F.2d 1237· 8th Cir.· 1971-09-30 ·cited 4×
  The court held that a prisoner's claim over a small debt owed to the prison is not a violation of a federally protected right and thus not actionable under 42 U.S.C. § 1983.
• Tyree v. Fitzpatrick
  445 F.2d 627· 1st Cir.· 1971-06-29 ·cited 4×
  The court held that the prisoner failed to demonstrate irreparable harm necessary for interlocutory injunctive relief regarding prison conditions and mail censorship.
• VAN Camp v. Gray
  440 F.2d 777· 10th Cir.· 1971-04-16 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that an arrest without a warrant is lawful if the arresting officer has probable cause to believe a crime has been committed and the person arrested committed it, even if the person is later acquitted.
• Madry v. Sorel
  440 F.2d 1329· 5th Cir.· 1971-03-26 ·cited 4×
  The court held that the order denying summary judgment was not a final judgment and therefore not appealable, nor was it an appealable denial of a preliminary injunction.
• Metcalf v. Illinois Governor
  436 F.2d 361· 7th Cir.· 1970-12-28 ·cited 4×
  The court held that the district court did not err in denying the request for a three-judge court because the plaintiff failed to present a substantial federal constitutional question.
• Miller v. Anckaitis
  436 F.2d 115· 3d Cir.· 1970-12-07 ·cited 4×
  The district court erred in deciding constitutional claims that required a three-judge court, as it lacked the authority to do so.
• Weintraub v. Hanrahan
  435 F.2d 461· 7th Cir.· 1970-12-07 ·cited 4×
  A single judge cannot grant an interlocutory injunction in a case requiring a three-judge court, even if the injunction is granted before the three-judge court is convened.
• Johns v. Redeker
  406 F.2d 878· 8th Cir.· 1969-02-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  A single judge may dismiss a complaint for lack of federal jurisdiction if no substantial federal question is presented, even if a three-judge court was requested. Higher tuition for nonresidents is permissible.
• Reuben G. Lenske v. Sercombe
  401 F.2d 520· 9th Cir.· 1968-09-16 ·cited 4×
  The court held that the federal statute barring injunctions against state court proceedings applies, and there were no extraordinary circumstances to justify an exception. The Board of Governors were also not proper parties.
• Bright v. Bishop
  398 F.2d 804· 9th Cir.· 1968-07-18 ·cited 4×
  The court held that the federal remedy under the Civil Rights Act is supplementary and need not be sought after state remedies are exhausted. The district court erred in dismissing the complaint solely on the basis that state courts could provide a remedy.
• In re The Petition Of Albert F. Manion To Perpetuate Testimony Of The City News Bureau Of Chicago. Albert F. Manion v. Holzman
  379 F.2d 843· 7th Cir.· 1967-06-26 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court lacked jurisdiction because the plaintiff failed to allege facts demonstrating individual injury redressable under 42 U.S.C.A. § 1983.
• Minchella v. The Est. of Honorable W. McKay Skillman
  356 F.2d 52· 6th Cir.· 1966-02-10 ·cited 4×
  The court held that the appeal was frivolous and dismissed the motion to proceed in forma pauperis as improvidently granted.
• Brown v. Girgenti
  M.D. Fla.· 2024-09-18 ·cited 3×
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice because the plaintiff failed to state a claim under 42 U.S.C. § 1983 and the Rooker-Feldman doctrine barred review of state court decisions.
• Barwick v. Governor of Florida
  66 F.4th 896· 11th Cir.· 2023-04-26 ·cited 3×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit held that a death-row prisoner's claim that Florida's clemency process lacked specific standards and was arbitrary did not present a substantial likelihood of success on the merits, and thus denied his motion for a stay of execution.
• Peden v. Stephens
  50 F.4th 972· 11th Cir.· 2022-08-29 ·cited 3×·via 42 U.S.C. § 1983 Violations
  The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.
• Atheists of Florida v. City of Lakeland
  779 F. Supp. 2d 1330· M.D. Fla.· 2011-03-15 ·cited 3×·via 42 U.S.C. § 1983 Liability
  The court held that the City's enactment of Resolution 10-041, passed after the lawsuit was filed and potentially as a litigation tactic, did not render the case moot because plaintiffs alleged the resolution codified an unconstitutional practice and was not followed. The court d
• City of Fort Lauderdale v. Scott
  773 F. Supp. 2d 1355· S.D. Fla.· 2011-02-28 ·cited 3×
  The court granted the motion to dismiss for failure to state a claim, finding some claims inadequately pleaded and others barred by sovereign immunity or procedural rules, but granted leave to amend.
• Sanchez v. Obando-Echeverry
  716 F. Supp. 2d 1195· S.D. Fla.· 2010-03-31 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used by police officers during the arrest was objectively reasonable and not excessive, entitling the defendant county to summary judgment on the battery claim.
• Jimmy T. and Nancy A. Bauknight v. Monroe Cnty.
  994 So. 2d 362· Fla. 3d DCA· 2008-09-17 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  Property owners appealed a summary judgment dismissing their temporary inverse condemnation claims after Monroe County delayed issuing building permits for six years due to inadequate highway level of service. The court affirmed, holding that the owners' failure to apply for reli
• Trammell v. Thomason
  559 F. Supp. 2d 1281· M.D. Fla.· 2008-06-03 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• City OF KEY W. v. Knowles
  948 So. 2d 58· Fla. 3d DCA· 2007-01-10 ·cited 3×
  The Florida District Court of Appeal reversed a jury verdict awarding damages to a widow for a violation of her civil rights. The court held that she did not have a constitutionally protected property interest in her deceased husband's remains after they were lawfully buried, whi
• N. River Ins. v. Broward Cnty. Sheriff's Off.
  428 F. Supp. 2d 1284· S.D. Fla.· 2006-04-21 ·cited 3×
  The court held that the insurer has no duty to defend because the alleged injuries (false imprisonment, malicious prosecution) occurred outside the policy period, as the 'trigger' for coverage is when the injury first manifested, not when the insured was exonerated.
• Cannon v. Lindsey
  243 F. Supp. 2d 1339· M.D. Fla.· 2003-01-14 ·cited 3×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the defendants are not entitled to qualified immunity at the motion to dismiss stage because the plaintiff adequately pleaded a constitutional violation of a clearly established right, and the statute of limitations issue is not ripe for resolution.
• Fernandez v. City of Cooper City
  207 F. Supp. 2d 1371· S.D. Fla.· 2002-05-10 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers were entitled to qualified immunity as their use of force was objectively reasonable, and the City was entitled to summary judgment on all counts.
• Gainer v. City of Winter Haven
  170 F. Supp. 2d 1225· M.D. Fla.· 2001-06-13 ·cited 3×
  The court held that the plaintiffs' First Amendment claims failed because their speech was not a matter of public concern or did not play a substantial part in their termination, and their procedural due process claims failed due to adequate state remedies.
• Rice-Lamar v. City of Fort Lauderdale
  54 F. Supp. 2d 1137· S.D. Fla.· 1998-11-25 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  Summary judgment was granted for the defendants because the plaintiff's speech was not protected by the First Amendment as it impeded the employer's efficiency, and her discrimination claims failed as the employer's actions were based on insubordination, not race or gender.
• Villanueva v. City of Fort Pierce
  24 F. Supp. 2d 1364· S.D. Fla.· 1998-10-20 ·cited 3×
  Summary judgment was granted for the defendants because the plaintiff failed to establish a genuine issue of material fact regarding discriminatory policy, pretext, or clearly established law violations, and the chief was not a final policymaker.
• Raines v. State
  983 F. Supp. 1362· N.D. Fla.· 1997-03-21 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.
• Bensch v. Metro. Dade Cnty.
  952 F. Supp. 790· S.D. Fla.· 1996-12-16 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that the inverse condemnation claim (Count II) was not ripe because plaintiffs failed to exhaust state remedies, and the trespass claim (Count III) was barred by the Eleventh Amendment. The court denied the motion to drop parties, but encouraged future motions to a
• Mann v. Hillsborough Cnty. Sheriff's Off.
  946 F. Supp. 962· M.D. Fla.· 1996-11-25 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that the Creasys' actions, even with deputy presence, did not constitute state action under § 1983, and thus granted their motion for summary judgment. The court also found that factual issues remained regarding the Sheriff's liability for failure to train and supe
• Pontier v. City of Clearwater
  881 F. Supp. 1565· M.D. Fla.· 1995-04-13 ·cited 3×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court granted summary judgment for the defendants, finding the federal claims barred by the statute of limitations and lack of standing, and dismissing the state law claim for lack of pendent jurisdiction.
• F.M. v. Palm Beach Cnty.
  912 F. Supp. 514· S.D. Fla.· 1995-02-18 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  A broad release stipulation, even if requiring judicial approval for some claims, is valid and bars all claims if interpreted to uphold the agreement.
• Dickerson v. Stuart
  877 F. Supp. 1556· M.D. Fla.· 1995-02-10 ·cited 3×
  The court held that Florida's Midwifery Practice Act is constitutional, not violating free exercise of religion, free speech, or being unconstitutionally vague or overbroad.
• Lucas v. Cannon
  848 F. Supp. 168· M.D. Fla.· 1994-03-29 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a cause of action against the defendant under Florida Statute § 768.28 and federal civil rights statutes.
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
• Moore v. State OF Ind.
  999 F.2d 1125· 7th Cir.· 1993-07-20 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
• Ippolito v. State
  824 F. Supp. 1562· M.D. Fla.· 1993-06-14 ·cited 3×
  The court held that the plaintiffs failed to state a cause of action under RICO and § 1983, and that various Florida entities and individuals were immune from suit.
• Reilly v. Waukesha Cnty.
  993 F.2d 1284· 7th Cir.· 1993-05-18 ·cited 3×
  The court affirmed the dismissal of federal claims but vacated the judgment on the state law claim, remanding it for further consideration or remand to state court.
• Feliciano v. City OF Cleveland
  988 F.2d 649· 6th Cir.· 1993-03-16 ·cited 3×
  The court held that the City of Cleveland is not liable under 42 U.S.C. § 1983 for the drug testing of police cadets because the Chief of Police lacked final policymaking authority and no final policymaker ratified his actions, and the substantive due process claim failed as the
• Sherman v. Four Cnty. Counseling Ctr.
  987 F.2d 397· 7th Cir.· 1993-02-19 ·cited 3×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  The court held that both the police officer and the private mental institution are protected by qualified immunity in the case of an emergency involuntary detention and treatment.
• Greenfield v. City of Miami Beach
  844 F. Supp. 1519· S.D. Fla.· 1992-12-18 ·cited 3×
  The court held that the plaintiff's speech was not a matter of public concern and that the employer provided reasonable accommodation for her religious practices, thus granting partial summary judgment for the defendants.
• Wasim Aziz v. C.O. Burrows
  976 F.2d 1158· 8th Cir.· 1992-10-05 ·cited 3×
  The court held that a district court may dismiss a duplicative complaint under 28 U.S.C. § 1915(d) even after Neitzke v. Williams, as the Supreme Court's definition of frivolous did not address repetitive actions.