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

• Mallo v. Pub. Health Tr. of Dade Cnty.
  88 F. Supp. 2d 1376· S.D. Fla.· 2000-03-31 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendant had not met its burden under the first prong of the § 1983 test, as there was no express indication that Congress intended to foreclose private enforcement of the Medicaid balance billing provision.
• Carestio v. Sch. Bd. of Broward Cnty.
  79 F. Supp. 2d 1347· S.D. Fla.· 1999-11-24 ·cited 1×·via 42 U.S.C. § 1983 Violations
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, federal courts should not address claims of excessive force under 42 U.S.C. § 1983, and should remand pendent state law claims.
• Parent Ex Rel. Student v. Osceola Cnty. Sch.
  59 F. Supp. 2d 1243· M.D. Fla.· 1999-06-21 ·cited 1×
  The court held that the school district provided a free appropriate public education (FAPE) and that the plaintiffs failed to demonstrate violations of the IDEA or § 1983, granting summary judgment for the defendants.
• Fla. Ass'n of Rehab. Facilities, Inc. v. Fla. Agency for Health Care Admin.
  47 F. Supp. 2d 1352· S.D. Fla.· 1999-04-11 ·cited 1×
  The court held that Florida's Medicaid Rate Plan for ICF/DD providers was inadequate and violated the Boren Amendment by failing to provide reasonable and adequate reimbursement rates, and that cluster facilities were improperly denied reimbursement under the Rate Plan.
• Hornfeld v. City of N. Miami Beach
  29 F. Supp. 2d 1357· S.D. Fla.· 1998-11-09 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the Age Discrimination in Employment Act (ADEA) does not preclude a plaintiff from bringing a concurrent claim under 42 U.S.C. § 1983 for violations of the Equal Protection Clause of the Fourteenth Amendment.
• Church & Tower, Inc. v. Miami-Dade Cnty.
  11 F. Supp. 2d 1376· S.D. Fla.· 1998-06-30 ·cited 1×
  The court held that the plaintiff's claims of de facto debarment were not ripe for review because the county had not made a final decision regarding debarment or denied specific bids after a final determination.
• Collins & Co., Inc. v. City of Jacksonville
  38 F. Supp. 2d 1338· M.D. Fla.· 1998-05-08 ·cited 1×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that real property rights and reputational rights are not fundamental rights protected by substantive due process, and that adequate post-deprivation remedies exist for the alleged procedural due process violations.
• Wright v. City of Tampa
  998 F. Supp. 1398· M.D. Fla.· 1998-03-26 ·cited 1×
  The court held that genuine issues of material fact exist regarding the plaintiff's ADA, Title VII, and § 1983 claims, precluding summary judgment.
• Lamar Advertising of Mobile, Inc. v. City of Lakeland
  980 F. Supp. 1455· M.D. Fla.· 1997-09-30 ·cited 1×
  The court held that Counts I-IV and VI of the complaint stated claims upon which relief could be granted, but Count V was barred by the statute of limitations.
• Lawton v. Cochran
  695 So. 2d 1297· Fla. 4th DCA· 1997-06-25 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Claim
  Lawrence Lawton was held in jail for approximately 607 days on an outstanding capias before being brought before a magistrate, during which time he alleged deprivation of constitutional rights including speedy trial and access to courts. The trial court dismissed his § 1983 civil
• Hunter v. Chiles
  944 F. Supp. 914· S.D. Fla.· 1996-10-24 ·cited 1×
  The court held that Florida Medicaid must cover Augmentative Communication Devices and Services (ACDS) for both adult and child recipients as medically necessary durable medical equipment under the home health care provision or the EPSDT program, and cannot deny coverage based on
• Hammer v. Hillsborough Cnty.
  927 F. Supp. 1540· M.D. Fla.· 1996-06-13 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the County had sufficient identity of interest with the Commission to satisfy Title VII's notice requirements for subject matter jurisdiction, and that the Commission could be considered an agent of the County for purposes of liability. However, the court foun
• Spradley v. Martin
  897 F. Supp. 560· M.D. Fla.· 1995-08-21 ·cited 1×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the plaintiff's due process rights were not violated because adequate post-deprivation remedies existed and the actions were either unauthorized or followed an established procedure that provided sufficient process. Claims for injunctive relief were moot.
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Smith v. Avino
  866 F. Supp. 1399· S.D. Fla.· 1994-10-20 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
• Church of Iron Oak v. City of Palm Bay
  868 F. Supp. 1361· M.D. Fla.· 1994-10-11 ·cited 1×
  The court held that it would not issue a temporary restraining order or preliminary injunction because plaintiffs had not shown a substantial likelihood of success on the merits and because abstention was appropriate pending a local zoning board decision.
• Susanno v. Lee Cnty. Bd. of Cnty. Comm'rs
  852 F. Supp. 980· M.D. Fla.· 1994-03-01 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence to create a jury question regarding her constitutional claims for freedom of speech, association, substantive due process, and procedural due process, as she was an at-will employee with no protected property
• Colvin v. Curtis
  860 F. Supp. 1503· M.D. Fla.· 1993-07-30 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court denied defendants' motion for judgment as a matter of law regarding the 42 U.S.C. § 1983 claim and punitive damages against the Sheriff, but granted the motion in part regarding the battery claim's jury instructions. The court also referred attorney's fees to a magistra
• Lobester James Loggins v. Delo
  999 F.2d 364· 8th Cir.· 1993-07-21 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that disciplinary action for an inmate's letter containing derogatory remarks about a mail clerk violated the inmate's First Amendment rights because the remarks did not implicate prison security, and the district court did not abuse its discretion in awarding atto
• Jensen v. Redev. Agency OF Sandy City
  998 F.2d 1550· 10th Cir.· 1993-07-15 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in denying the plaintiffs' Rule 56(f) affidavit for additional discovery, and that summary judgment was appropriate as the plaintiffs failed to establish a constitutionally protected property or liberty interest.
• Outdoor Sys., Inc. v. City OF Mesa
  997 F.2d 604· 9th Cir.· 1993-06-30 ·cited 1×
  The sign codes do not facially violate the First Amendment or state constitutional free speech guarantees, nor do they effect an impermissible taking of property. The district court did not abuse its discretion in denying leave to amend the complaint.
• Hinton v. City OF Elwood
  997 F.2d 774· 10th Cir.· 1993-06-29 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the arresting officers' use of force did not rise to the level of a constitutional violation, and therefore affirmed the district court's dismissal of the appellant's claims against the officers and the city.
• Davis v. Grusemeyer
  996 F.2d 617· 3d Cir.· 1993-06-08 ·cited 1×
  The court held that the plaintiff's RICO claims were time-barred and that state prosecutors were absolutely immune from the plaintiff's malicious prosecution claims.
• GAN v. The City OF NEW York
  996 F.2d 522· 2d Cir.· 1993-06-01 ·cited 1×
  The court held that Assistant District Attorney Rettler was entitled to absolute immunity for decisions regarding prosecution and qualified immunity for investigative actions, and that claims against District Attorney Morgenthau were properly dismissed.
• Underwood v. Venango River Corp.
  995 F.2d 677· 7th Cir.· 1993-05-28 ·cited 1×
  The Railway Labor Act (RLA) preempts the plaintiffs' RICO claims because the alleged rights to severance pay and seniority benefits originate from the collective-bargaining agreement and require its interpretation.
• Curtis v. City OF DES Moines
  995 F.2d 125· 8th Cir.· 1993-05-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not subject to a prior judgment creditor's lien, but the judgment creditor has a superior claim to the underlying judgment proceeds if proper notice was given.
• Schlosser v. Coleman
  818 F. Supp. 1534· M.D. Fla.· 1993-04-20 ·cited 1×
  The court held that judges and prosecutors are immune from § 1983 claims for actions taken within their judicial or prosecutorial capacities, and the plaintiff failed to establish conspiracy or standing for injunctive relief.
• Soler v. Waite
  989 F.2d 251· 7th Cir.· 1993-03-24 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's denial of a motion for reconsideration of a new trial and the award of costs, finding no abuse of discretion.
• City OF E. ST. Louis & Carl Officer v. Cir. Court FOR the Twentieth Jud. Cir.
  986 F.2d 1142· 7th Cir.· 1993-02-25 ·cited 1×
  The court affirmed the district court's imposition of sanctions against counsel for filing a frivolous lawsuit lacking subject matter jurisdiction.
• The Am. Bank & Tr. Co. OF Opelousas v. Dent
  982 F.2d 917· 5th Cir.· 1993-02-10 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The Eleventh Amendment does not bar a suit against a state official seeking prospective injunctive relief to enjoin enforcement of an allegedly unconstitutional state statute, falling under the Ex parte Young exception.
• Russ Calhoun v. Gaines
  982 F.2d 1470· 10th Cir.· 1992-12-30 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  A public employee with a legitimate expectancy of employment, established through contract or policy, has a property interest protected by due process. Officials are not qualifiedly immune if they violate clearly established law regarding this interest and adequate process.
• Hafner v. Brown
  983 F.2d 570· 4th Cir.· 1992-12-22 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district judge did not err in giving supplemental jury instructions and allowing redeliberation, nor in restricting cross-examination, nor in instructing the jury on conspiracy, and that the substantive due process instruction error was not preserved for a
• Crocker v. Tenn. Secondary Sch. Athletic Ass'n
  980 F.2d 382· 6th Cir.· 1992-11-18 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a claim for damages under the Education of the Handicapped Act (EHA) and that the defendants' actions did not constitute unconstitutional retaliation.
• Anderson v. Dist. of Columbia Pub. Def. Serv.
  980 F.2d 746· D.C. Cir.· 1992-11-16 ·cited 1×
  The court affirmed the dismissal of claims against the Office of the Bar Counsel but vacated the dismissal of claims against Buchanan and DiFonzo, remanding for further proceedings.
• Gillette v. Delmore
  979 F.2d 1342· 9th Cir.· 1992-11-10 ·cited 1×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a subordinate's discretionary constitutional violation simply because a policymaker failed to overrule it. Such inaction does not constitute ratification or establish a policy or custom.
• Madsen v. Boise State Univ.
  976 F.2d 1219· 9th Cir.· 1992-09-22 ·cited 1×
  The court held that the plaintiff had standing to sue and that the Rehabilitation Act § 504 does not preclude actions under 42 U.S.C. § 1983.
• Candelore v. Clark Cnty. Sanitation Dist.
  975 F.2d 588· 9th Cir.· 1992-09-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court affirmed the decision because the plaintiff failed to establish a factual predicate for her alleged discrimination claim.
• Goodwin v. Metts
  973 F.2d 378· 4th Cir.· 1992-08-28 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's reduction of attorney fees, finding that unsuccessful claims unrelated to the successful malicious prosecution claims justified disallowance, and that duplication of effort due to overstaffing was a valid reason for reduction. The court als
• Rainey v. Conerly
  973 F.2d 321· 4th Cir.· 1992-08-19 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly denied the defendant's motions for qualified immunity, but erred in excluding a key piece of evidence and in failing to question the jury panel on potential bias, entitling the plaintiff to a new trial.
• Treister v. City of Miami
  893 F. Supp. 1057· S.D. Fla.· 1992-08-13 ·cited 1×
  The court held that most of the plaintiffs' federal constitutional claims are barred by res judicata and the full faith and credit statute due to prior state court rulings.
• Elkin v. Fauver
  969 F.2d 48· 3d Cir.· 1992-07-13 ·cited 1×
• Goetz v. The Honorable Matthew Crosson
  967 F.2d 29· 2d Cir.· 1992-06-10 ·cited 1×
  The court held that patients do not have an absolute right to state-financed expert assistance in commitment hearings.
• Stone v. Agnos
  960 F.2d 893· 9th Cir.· 1992-04-03 ·cited 1×
  The court held that the plaintiff failed to present evidence of constitutional rights violations by the defendants, thus affirming the grant of summary judgment.
• Frederick T. Boulware, Jr., M.D. v. State OF Nev.
  960 F.2d 793· 9th Cir.· 1992-03-27 ·cited 1×
  The court held that the defendants' actions in initiating and prosecuting the state court action were protected by the Noerr-Pennington doctrine, thus barring the plaintiff's antitrust, civil rights, and unfair trade practice claims.
• Hughes v. Tarrant Cnty. Tex.
  948 F.2d 918· 5th Cir.· 1991-11-29 ·cited 1×
  The court held that county commissioners are not entitled to absolute legislative immunity for their decision to deny attorney fees, and the district attorney and assistant are not entitled to absolute quasi-judicial immunity for providing legal advice.
• Young-Henderson v. Spartanburg Area Mental Health Ctr.
  945 F.2d 770· 4th Cir.· 1991-09-20 ·cited 1×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the Consent Order in the prior lawsuit only barred claims actually raised in that complaint, not subsequent claims or those that arose later, and that a plaintiff's response to interrogatories does not constitute a new claim.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  945 F.2d 760· 4th Cir.· 1991-09-19 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that federal courts should abstain from ruling on claims that depend on the interpretation of state annexation court orders and potentially available state remedies.
• Doyle v. Murray
  938 F.2d 33· 4th Cir.· 1991-06-25 ·cited 1×
  The court held that dismissing a plaintiff's case with prejudice as a sanction for attorney misbehavior, particularly when relying on unrelated past conduct and without considering lesser sanctions, was too drastic.
• WAM Props., Inc. v. Desoto Cnty.
  758 F. Supp. 1468· M.D. Fla.· 1991-03-12 ·cited 1×
  The court held that the plaintiffs' complaint sufficiently alleged violations of constitutional rights and that a municipal policy or custom caused the deprivation, thus denying the motion to dismiss.
• Leisa Gibson v. Matthews
  926 F.2d 532· 6th Cir.· 1991-02-22 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that federal prison officials are entitled to qualified immunity because there was no clearly established constitutional right for prisoners to have abortions facilitated by prison staff at the time of the events, and the plaintiff's allegations did not rise to the