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

• McGowan v. Treasure Coast Forensic Treatment Ctr.
  2021 WL 2944462· S.D. Fla.· 2023-06-30 ·cited 2×
  The court held that the pro se plaintiff's complaint failed to state a claim against the defendant treatment center because it alleged only a single incident and did not plead a policy or custom, and failed to name individual defendants.
• Dorey v. Hartmann
  2012 WL 4049438· M.D. Fla.· 2022-06-21 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff's complaint, alleging excessive force and constitutional violations, was dismissed without prejudice because it failed to state a claim with sufficient factual allegations and improperly invoked the Eighth and Fourteenth Amendments instead of the
• Newcome v. Hernando Cnty. Sheriff's Off.
  M.D. Fla.· 2022-02-02 ·cited 2×
  The court held that the Hernando County Sheriff's Office is not a suable entity and dismissed claims against it, while also dismissing various other claims for failure to state a claim or due to shotgun pleading, granting leave to amend.
• Oniasse v. Hernandez
  112 La. 628· M.D. Fla.· 2018-12-03 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted summary judgment for the defendant Deputy Sheriff on the federal claims, finding no genuine dispute of material fact regarding probable cause for arrest or excessive force, and declined to exercise supplemental jurisdiction over the state law claims.
• Young v. Borders
  850 F.3d 1274· 11th Cir.· 2017-03-16 ·cited 2×
  The dissenting judges argue that the police's actions constituted clear constitutional violations. They contend that the use of deadly force against Mr. Scott was unreasonable and that the police tactics exceeded the permissible scope of a 'knock and talk,' transforming the encou
• Cyber Zone E-Cafe, Inc. v. King
  782 F. Supp. 2d 1331· M.D. Fla.· 2011-03-22 ·cited 2×
  The court granted the State Attorney's motion to dismiss, finding that prosecutorial immunity, Eleventh Amendment immunity, qualified immunity, and Younger abstention barred the claims against him.
• S. Fla. Equitable Fund LLC v. City of Miami
  770 F. Supp. 2d 1269· S.D. Fla.· 2011-03-14 ·cited 2×
  The court held that SFEF's claims were not ripe for judicial review because SFEF failed to obtain a final decision from the City Commission and did not demonstrate hardship. The court also found the claims moot due to the enactment of a new zoning ordinance.
• Robbins v. City of Miami Beach
  769 F. Supp. 2d 1372· S.D. Fla.· 2011-01-20 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted in part and denied in part the motions to dismiss, finding that while some assault and battery claims against an officer were dismissed for failure to state a claim, other claims, including excessive force and conspiracy, could proceed.
• Welch v. Theodorides-Bustle
  234 F. Supp. 171· N.D. Fla.· 2010-11-17 ·cited 2×·via Violation Of 42 U.S.C. § 1983
• Cohen v. World Omni Fin. Corp.
  751 F. Supp. 2d 1289· S.D. Fla.· 2010-10-20 ·cited 2×
  The court held that the plaintiff's 42 U.S.C. § 1983 claim was time-barred by the statute of limitations and that the defendant did not act under color of state law, thus granting summary judgment for the defendant.
• Jean-Baptiste v. Gutierrez
  680 F. Supp. 2d 1318· S.D. Fla.· 2010-01-13 ·cited 2×
  The court affirmed the magistrate judge's recommendation, holding that the defendant officer was not entitled to qualified immunity because his use of deadly force violated the plaintiff's clearly established constitutional right to be free from excessive force.
• Tunnell v. Crosby
  657 F. Supp. 2d 1263· N.D. Fla.· 2009-08-24 ·cited 2×
  The court held that the defendants are entitled to qualified immunity because it was not clearly established that the plaintiff's refusal to ask his father to back off an investigation constituted a First Amendment or substantive due process violation.
• COX v. State
  5 So. 3d 659· Fla.· 2009-03-12 ·cited 2×·via 42 U.S.C. § 1983 Action
  Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
• Drudge v. City of Kissimmee
  581 F. Supp. 2d 1176· M.D. Fla.· 2008-09-25 ·cited 2×
  The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
• Town OF Sw. Ranches v. Shahab Kalam
  980 So. 2d 1121· Fla. 4th DCA· 2008-03-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  Kalam sued town building official Melgren and deputy attorney Poliakoff under 42 U.S.C. § 1983, alleging they violated his constitutional rights by refusing to grant a building permit for his property lot 7. The Fourth District reversed the denial of the officials' qualified immu
• LMP v. Sch. Bd. of Broward Cnty.
  516 F. Supp. 2d 1305· S.D. Fla.· 2007-09-27 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  Individual school board employees cannot be held liable under 42 U.S.C. § 1983 for violations of the Individuals with Disabilities Education Act (IDEA), as the IDEA limits liability to funding recipients and does not provide for individual liability.
• Woods v. Valentino
  511 F. Supp. 2d 1263· M.D. Fla.· 2007-05-14 ·cited 2×
  The court held that the Williams defendants are entitled to summary judgment as they are private citizens not acting under color of state law, but denied summary judgment for the officer defendants on the illegal entry claim due to genuine issues of material fact regarding qualif
• Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd.
  477 F. Supp. 2d 1246· S.D. Fla.· 2007-03-13 ·cited 2×
  An unincorporated association has standing to bring a claim under 42 U.S.C. § 1983, and the plaintiffs adequately pleaded a claim against the school board.
• Smith v. Brevard Cnty.
  461 F. Supp. 2d 1243· M.D. Fla.· 2006-10-31 ·cited 2×
  The court held that the plaintiff's allegations were sufficient to state a claim for deliberate indifference under § 1983 against Circles of Care and Sheriff Parker, and denied dismissal for those claims.
• Murray v. Rosati
  929 So. 2d 1090· Fla. 4th DCA· 2006-05-03 ·cited 2×
  Police officers appealed an order denying their motions for directed verdict after two mistrials in a §1983 civil rights case, arguing they were entitled to immunity as a matter of law. The appellate court dismissed for lack of jurisdiction because the trial court's order did not
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed dismissal of moot claims for declaratory and injunctive relief but reversed dismissal of damages claims arising from alleged excessive force and medical indifference, remanding for trial court consideration of the merits.
• Sabeta v. Baptist Hosp. of Miami, Inc.
  410 F. Supp. 2d 1224· S.D. Fla.· 2005-02-23 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
• Purvis Ex Rel. Estate of Logan v. City of Orlando
  273 F. Supp. 2d 1321· M.D. Fla.· 2003-07-29 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim for constitutional violations under 42 U.S.C. § 1983, as the defendant officer's actions did not shock the conscience and no clearly established law was violated.
• Engelleiter v. Brevard Cnty. Sheriff's Dep't
  290 F. Supp. 2d 1300· M.D. Fla.· 2003-07-25 ·cited 2×
  The court held that the defendant's motion for summary judgment should be granted because the undisputed facts did not demonstrate deliberate indifference to the plaintiff's serious medical needs, nor did they establish a policy or custom of deliberate indifference.
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×·via § 1983 Suit
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• McCurry v. Moore
  242 F. Supp. 2d 1167· N.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of Defendants Moore and Franklin on certain claims and denying it in others, remanding the case for further proceedings.
• Stephen Z. Gervin, M.D. v. Honorable Robert Andrews
  826 So. 2d 504· Fla. 4th DCA· 2002-09-25 ·cited 2×
  Dr. Gervin, a neurosurgeon and expert witness, appeals the dismissal of his § 1983 due process claim against a circuit judge who made defamatory statements disqualifying him from testifying in a single case. The court affirmed, holding that absent deprivation of a constitutionall
• Sjuts v. State of Fla. & Dr. Alan J. Waldman
  774 So. 2d 783· Fla. 2d DCA· 2000-12-15 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the public defender exceeded his authority in filing counterclaims for damages and injunctions, the counterclaims were also subject to dismissal because the State is not a 'person' under 42 U.S.C. § 1983 and the psychiatrist was not an opposing party.
• Fla. Country Clubs, Inc. v. Carlton
  98 F. Supp. 2d 1356· M.D. Fla.· 2000-05-23 ·cited 2×·via 42 U.S.C. § 1983 Violations
  The court found that the plaintiffs failed to allege sufficient facts to establish state action by Carlton Fields, a private entity, and therefore could not proceed with their Section 1983 claim against them. Motions related to Partyka were denied as moot due to a settlement.
• Ryan v. Worch
  755 So. 2d 818· Fla. 2d DCA· 2000-04-26 ·cited 2×
  Teddy C. Ryan, Jr. appealed the dismissal with prejudice of his civil rights complaint against Sheriff Richard H. Worch, Jr., alleging violations under 42 U.S.C. § 1983 based on failure to train and supervise deputies. The Florida appellate court affirmed the dismissal, holding t
• Gonzalez v. Monty
  89 F. Supp. 2d 1347· S.D. Fla.· 2000-02-11 ·cited 2×
  Summary judgment for defendants is granted because the plaintiff failed to present evidence of genuine issues of material fact regarding his claims of disciplinary reports, denial of medical treatment, excessive force, and retaliatory transfer.
• Celli v. City of St. Augustine
  214 F. Supp. 2d 1255· M.D. Fla.· 2000-01-31 ·cited 2×
  The court held that the City of St. Augustine's ordinance prohibiting the use of public property for selling or displaying goods was unconstitutional on its face and as applied, violating the First Amendment.
• Otworth v. the Florida Bar
  71 F. Supp. 2d 1209· M.D. Fla.· 1999-09-29 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court dismissed the breach of contract claim against Flynt for failure to allege a meeting of the minds and granted dismissal for the judges and prosecutor based on judicial and Eleventh Amendment immunity.
• Maggio v. Florida
  56 F. Supp. 2d 1370· M.D. Fla.· 1999-07-19 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's allegations were sufficient to state a claim for retaliation under the First Amendment against individual defendants and that ADA and Rehabilitation Act claims were not duplicative. Therefore, the motions to dismiss were denied.
• Crocker v. Pleasant
  727 So. 2d 1087· Fla. 4th DCA· 1999-03-03 ·cited 2×
  Parents brought a § 1983 civil rights action against the City of West Palm Beach and Palm Beach County, alleging that officials violated their due process rights by failing to properly notify them of their adult son's death. The Fourth District affirmed a judgment on the pleading
• McMahon v. City of Edgewater
  60 F. Supp. 2d 1281· M.D. Fla.· 1999-01-20 ·cited 2×·via Section 1983
  The court held that the City Manager's employment agreement, as amended, allowed termination without cause, thus precluding a procedural due process claim. The court also declined supplemental jurisdiction over state law contract claims.
• Borrero v. Metro-Dade Cnty.
  19 F. Supp. 2d 1310· S.D. Fla.· 1998-05-13 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendant officer is not entitled to qualified immunity at the summary judgment stage because the alleged use of force against a six-year-old child, if true, would violate clearly established Fourth Amendment rights.
• Jones v. McAndrew
  996 F. Supp. 1439· N.D. Fla.· 1998-02-20 ·cited 2×
  The court held that a challenge to electrocution procedures, as opposed to the method of execution itself, can be brought as a Section 1983 action, not solely as a habeas corpus petition. It also found that the plaintiffs have standing and their claims are ripe, and that the Elev
• Nelson Ex Rel. the Estate of Nelson v. Prison Health Servs., Inc.
  991 F. Supp. 1452· M.D. Fla.· 1997-12-30 ·cited 2×
  The Sheriff, not being personally involved in the decision to withhold medical treatment, is entitled to qualified immunity. Private prison guards are not entitled to qualified immunity under Richardson v. McKnight.
• Goodman v. Town of Golden Beach
  988 F. Supp. 1450· S.D. Fla.· 1997-10-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the individual defendants are entitled to qualified immunity because their conduct did not violate clearly established constitutional law.
• Husman v. Evon A. Colchiski and Ester Williams
  689 So. 2d 286· Fla. 2d DCA· 1996-12-27 ·cited 2×
  This case concerns a state prisoner's claim under 42 U.S.C. § 1983 for alleged misconduct by a prison official. The appellate court affirmed the dismissal of the prisoner's complaint, holding that he failed to exhaust available administrative remedies as required by federal law.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Scala v. City of Winter Park
  105 F. Supp. 757· M.D. Fla.· 1996-07-25 ·cited 2×
  The court held that the City is not liable under 42 U.S.C. § 1983 because the officials who terminated the plaintiff's employment did not possess final policy-making authority. Therefore, their actions could not be attributed to the City as official policy.
• Pierre v. Schlemmer
  932 F. Supp. 278· M.D. Fla.· 1996-07-01 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A police department is not a 'person' amenable to suit under 42 U.S.C. § 1983 if it is an integral part of the city government and not a separate legal entity.
• N. Fla. Educ. Dev. Corp. v. Woodham
  942 F. Supp. 542· N.D. Fla.· 1996-05-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• Wohl v. City of Hollywood
  915 F. Supp. 339· S.D. Fla.· 1995-12-13 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the fire chief was entitled to qualified immunity and that the city's actions were rationally related to a legitimate government interest, thus granting summary judgment for both defendants.
• Johnston-Loehner v. O'Brien
  859 F. Supp. 575· M.D. Fla.· 1994-06-09 ·cited 2×
  A public school policy requiring prior administrative approval for student distribution of written materials is an unconstitutional prior restraint on speech, violating the First Amendment.
• Lawrenz v. James
  852 F. Supp. 986· M.D. Fla.· 1994-04-06 ·cited 2×
  The court held that the defendant was entitled to qualified immunity because his conduct did not violate clearly established law, and that summary judgment on the merits was appropriate because the plaintiff's expression was not a matter of public concern, or alternatively, the e
• Tookes v. The City OF Riviera Beach
  633 So. 2d 566· Fla. 4th DCA· 1994-03-16 ·cited 2×
  A former municipal employee challenged his wrongful discharge from the City of Riviera Beach under 42 U.S.C. § 1983, alleging deprivation of due process rights. The appellate court reversed the trial court's dismissal based on failure to exhaust administrative remedies, holding t