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

• Ames v. Kuehnle
  425 F.2d 224· 5th Cir.· 1970-04-13 ·cited 2×
  The court held that the complaint on its face stated a cause of action, requiring reversal of the dismissal.
• Holloway v. The Dep't OF Hous. & Urban Dev. & Haley Sofge
  418 F.2d 242· 5th Cir.· 1969-11-12 ·cited 2×
  The court held that a complaint alleging deprivation of due process in public housing tenant regulations, under notice pleading, states a cause of action under 42 U.S.C.A. § 1983, vesting jurisdiction in the federal court.
• Schindelar v. M.
  411 F.2d 80· 10th Cir.· 1969-06-02 ·cited 2×
  The court held that the peace officers acted legally in arresting the appellant, and the jury's finding of no unreasonable force was not erroneous.
• Padilla v. Lynch
  398 F.2d 481· 9th Cir.· 1968-07-22 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that while dismissal of the complaint for lack of factual specificity was justified, dismissal of the entire action without an opportunity to amend was improper.
• Townsend v. Ross
  396 F.2d 573· 8th Cir.· 1968-06-20 ·cited 2×
  The court held that the trial court did not abuse its discretion in refusing inspection of jury lists and that the plaintiff failed to prove deliberate or systematic exclusion of Negro jurors.
• Hall v. The State OF NEW York
  359 F.2d 26· 2d Cir.· 1966-04-01 ·cited 2×
  The court held that the district court properly dismissed the appellant's petition because it failed to meet the jurisdictional requirements for convening a three-judge court under 28 U.S.C. § 2281 and federal courts should not interfere with ongoing state criminal proceedings.
• Merritt v. Knowles
  2021 WL 3857560· M.D. Fla.· 2025-07-16 ·cited 1×
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and that her state tort claims and federal due process claims were time-barred by Florida's statutes of limitations.
• Gioia v. Bradshaw
  2019 WL 13215373· S.D. Fla.· 2025-07-15 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  Pro se plaintiff Michael Gioia filed a civil rights complaint under 42 U.S.C. § 1983 but failed to pay the required filing fee or file a motion to proceed in forma pauperis despite court order. A magistrate judge recommends dismissal of the complaint without prejudice for non-com
• Ling v. Sec'y Fla. Dep't of Child. & Families
  2022 WL 2237663· N.D. Fla.· 2025-04-24 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a delay in processing a food assistance application, without more, does not constitute a denial of due process actionable under federal law.
• Jernazian v. Baker
  2022 WL 4486079· N.D. Fla.· 2025-02-26 ·cited 1×
  The court held that a pro se plaintiff's failure to provide a valid mailing address warrants dismissal without prejudice.
• Mosqueda v. Walgreens Pharmacy
  2024 WL 4056446· M.D. Fla.· 2025-02-11 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court recommended dismissal of the case without prejudice due to the plaintiff's failure to serve the defendant.
• Webster v. Fla. Supreme Court
  2024 WL 3963742· N.D. Fla.· 2025-02-11 ·cited 1×
  A federal district court lacks jurisdiction to review final state court decisions, even when framed as a section 1983 action.
• Ziegenhorn v. United States
  2018 WL 10140148· N.D. Fla.· 2024-10-10 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders to file a proper complaint and pay the filing fee or move to proceed in forma pauperis.
• Trevino v. Andrews
  2009 WL 804528· M.D. Fla.· 2023-12-05 ·cited 1×
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, as his challenge to Florida's DNA testing statute was foreclosed by binding precedent.
• Smith v. Batts
  2023 WL 3276513· S.D. Fla.· 2023-05-09 ·cited 1×
  The court held that the plaintiff's consolidated complaint fails to state a claim upon which relief can be granted and is frivolous.
• Andrade v. Rambosk
  2011 WL 1690010· M.D. Fla.· 2023-02-17 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court denied defendants' motion to bifurcate the trial and stay discovery, finding that bifurcation was not demonstrably more efficient or necessary to avoid prejudice at this stage.
• Cook v. Dunn
  2017 WL 1730971· M.D. Fla.· 2022-10-24 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that genuine issues of material fact preclude summary judgment on claims of unlawful seizure and excessive force against Officer Dunn, and failure to intervene against Officer Bell, but granted summary judgment for supervisory and municipal liability claims.
• Hayes v. TSG Commissary
  2016 WL 4191728· M.D. Fla.· 2022-04-13 ·cited 1×
  The court held that a prisoner has no constitutional right to use a jail commissary or purchase specific products, and claims regarding labeling or nutritional information are frivolous.
• Holliday v. Inch
  2012 WL 1790319· N.D. Fla.· 2021-10-12 ·cited 1×
  The court held that the plaintiff's third amended complaint must be dismissed because it is subject to dismissal as malicious and abusive of the judicial process, and alternatively, for failure to state a claim on which relief may be granted.
• Nance v. Comm'r, Ga. Dep't of Corr.
  994 F.3d 1335· 11th Cir.· 2021-04-20 ·cited 1×
  The court denied a petition for rehearing en banc, affirming the panel's decision that the prisoner's challenge to the method of execution, seeking an unauthorized alternative, was properly characterized as a habeas corpus petition and was second or successive.
• Harmon v. Stegemann
  2020 WL 3038282· M.D. Fla.· 2020-06-10 ·cited 1×
  The court held that the plaintiff is barred from proceeding in forma pauperis under the PLRA's three-strikes rule and dismissed the action without prejudice.
• Torres v. Honorable Lawrence Lefler
  257 So. 3d 1095· Fla. 2d DCA· 2018-07-13 ·cited 1×·via 42 U.S.C. § 1983 Action
  A show cause order imposing conditions on future filings is not final and appealable until sanctions are actually imposed after the opportunity to be heard.
• Alsobrook v. Alvarado
  845 F. Supp. 2d 146· S.D. Fla.· 2013-12-03 ·cited 1×
  The court held that Count I and Counts IV/VII were not barred by the Heck doctrine or failure to exhaust, and stated a claim, while Count II was Heck-barred, and Count VIII failed to state a claim.
• Dandar v. Church of Scientology Flag Serv. Org., Inc.
  732 F. Supp. 2d 310· M.D. Fla.· 2013-02-15 ·cited 1×·via Section 1983
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
• Christie ex rel. Estate of Christie v. Scott
  30 Wage & Hour Cas. (BNA) 300· M.D. Fla.· 2013-01-09 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that claims of deliberate indifference against three PHS nurses survive summary judgment, and the failure-to-train claim against PHS also survives. Claims against other PHS defendants and most claims against the Sheriff were dismissed.
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• Smith Ex Rel. Smith v. Benson
  703 F. Supp. 2d 1262· S.D. Fla.· 2010-01-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
• Sch. Bd. of Manatee Cnty. v. Lh
  666 F. Supp. 2d 1285· M.D. Fla.· 2009-09-30 ·cited 1×
  The court adopted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss as to the attorneys' fee claim and the § 1983 claim, and denying it in all other respects.
• Gc v. Sch. Bd. of Seminole Cnty.
  639 F. Supp. 2d 1295· M.D. Fla.· 2009-06-10 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence of a constitutional violation to survive summary judgment on his § 1983 claims against both the individual teacher and the school board.
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty.
  571 F. Supp. 2d 1257· S.D. Fla.· 2008-07-29 ·cited 1×
  The court held that the School Board of Okeechobee County (SBOC) violated the Equal Access Act (EAA) by refusing to recognize the Gay-Straight Alliance (GSA) as a noncurricular student group. The court found SBOC's abstinence-only policy and other justifications insufficient to i
• Anderson v. City of Tampa
  555 F. Supp. 2d 1268· M.D. Fla.· 2008-05-01 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because his use of force during the arrest was reasonable and did not violate the plaintiff's Fourth Amendment rights.
• Fla. Transp. Serv., Inc. v. Miami-Dade Cnty.
  543 F. Supp. 2d 1315· S.D. Fla.· 2008-04-07 ·cited 1×
  The court held that the County's stevedore permit ordinance, as applied, violates the dormant Commerce Clause for permit denials in 2003, 2004, and 2005, entitling Florida Transportation to summary judgment on liability for those claims.
• Lyons v. Trinity Servs. Grp., Inc.
  401 F. Supp. 2d 1290· S.D. Fla.· 2005-08-16 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies as required by the Prison Litigation Reform Act before filing his lawsuit.
• Elend v. Sun Dome, Inc.
  370 F. Supp. 2d 1206· M.D. Fla.· 2005-05-18 ·cited 1×
  The court held that the plaintiffs lacked standing and their claims were not ripe for judicial review because they failed to allege a real and immediate threat of future injury regarding Secret Service protest zone restrictions.
• Davidson v. City of Jacksonville
  359 F. Supp. 2d 1291· M.D. Fla.· 2005-02-16 ·cited 1×·via Section 1983
  The court held that the plaintiffs failed to establish a constitutional violation under Section 1983, and therefore, qualified immunity applied to the individual defendants, and the City was not liable for municipal claims. The court also declined to exercise supplemental jurisdi
• Nat'l Ass'n for Advancement of Colored People, Inc. v. Lowe
  M.D. Fla.· 2004-10-19 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the case was moot because Volusia County agreed to open additional early voting sites, and there was no reasonable expectation that the county would revert to its previous conduct.
• J.D. v. Manatee Cnty. Sch. Bd.
  340 F. Supp. 2d 1316· M.D. Fla.· 2004-10-08 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
• Pub. Citizen, Inc. v. Pinellas Cnty.
  321 F. Supp. 2d 1275· M.D. Fla.· 2004-05-19 ·cited 1×
  The court held that the prior litigation did not preclude the current claims and that the charities' allegations regarding the ordinance's prior restraint on speech were sufficient to proceed.
• Seacoast Sanitation Ltd., Inc. v. Broward Cnty.
  275 F. Supp. 2d 1370· S.D. Fla.· 2003-08-04 ·cited 1×
  The court held that Oceans Eleven lacks Article III standing and Seacoast's claims are time-barred, thus granting summary judgment for the defendants.
• Rhodes-Courter Ex Rel. Courter v. Thompson
  252 F. Supp. 2d 1359· M.D. Fla.· 2003-03-20 ·cited 1×
  The court held that the plaintiff adequately pled Section 1983 claims against the defendants, and the defendants were not entitled to qualified immunity.
• E. Coast Recycling, Inc. v. City of Port St. Lucie
  234 F. Supp. 2d 1259· S.D. Fla.· 2002-11-13 ·cited 1×
  The court held that the city and county ordinances and interlocal agreement do not violate the dormant commerce clause or substantive due process rights, and thus granted summary judgment for the defendants.
• Palisano v. City of Clearwater
  219 F. Supp. 2d 1249· M.D. Fla.· 2002-08-14 ·cited 1×·via Section 1983
  The court held that an EEOC "unable to conclude" determination does not bar a claim under the Florida Civil Rights Act, and that a supervisor can be liable under § 1983 for failing to act on sexual harassment complaints, but not for retaliation under the Equal Protection Clause i
• Alexis, Inc. v. Pinellas Cnty.
  194 F. Supp. 2d 1336· M.D. Fla.· 2002-03-29 ·cited 1×
  The court held that corporate plaintiffs have standing to sue under § 1983, Florida Statute § 847.09 does not preempt county ordinances regulating adult uses, and warrantless arrests of dancers for ordinance violations do not constitute an unconstitutional prior restraint or hara
• Wilson v. Zellner
  200 F. Supp. 2d 1356· M.D. Fla.· 2002-03-26 ·cited 1×
  Government officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights, and the plaintiff has not provided sufficient evidence to overcome this defense.
• Nat'l Coal. for Students With Disabilities v. Bush
  173 F. Supp. 2d 1272· N.D. Fla.· 2001-11-27 ·cited 1×
  A plaintiff who obtains a court-ordered settlement agreement that materially alters the legal relationship with the defendant is a prevailing party entitled to attorney's fees, even if the relief obtained is minor.
• Lofton v. Kearney
  157 F. Supp. 2d 1372· S.D. Fla.· 2001-08-30 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  Florida's statute prohibiting homosexual adoption does not violate federal constitutional rights to privacy, intimate association, family integrity, due process, or equal protection, as homosexual adoption is not a fundamental right and the statute is rationally related to the st
• BellSouth Mobility v. Miami-Dade Cnty.
  153 F. Supp. 2d 1345· S.D. Fla.· 2001-03-30 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the County's denial of BellSouth's application was supported by substantial competent evidence, particularly regarding necessity and compatibility, and thus affirmed the denial.
• Neumont v. Monroe Cnty. Fla.
  104 F. Supp. 2d 1368· S.D. Fla.· 2000-06-21 ·cited 1×
  The court held that the defendant's motion to dismiss the amended complaint should be denied because the plaintiffs' claims, including premature enforcement, inverse condemnation, and takings claims, were sufficiently pleaded and not moot or unripe at this stage.
• Lewis v. City of St. Petersburg
  98 F. Supp. 2d 1344· M.D. Fla.· 2000-05-03 ·cited 1×
  The court held that claims for negligent use of excessive force and negligent decision to use a firearm are dismissed because such actions are intentional torts or discretionary functions protected by immunity, and that the claim for negligent training is also dismissed due to th