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

• Mason v. Clark
  920 F.2d 493· 8th Cir.· 1990-11-30 ·cited 1×
  An unsigned affidavit is insufficient evidence to support a motion for summary judgment, but the court can affirm the judgment on other grounds present in the record.
• Rojas v. Alexander's Dep't Store, Inc.
  924 F.2d 406· 2d Cir.· 1990-11-29 ·cited 1×·via 42 U.S.C. § 1983 Liability
  The court held that a plaintiff suing under 42 U.S.C. § 1983 for an unlawful arrest by a private security guard must prove that the employer had a policy of violating constitutional rights, not just that the arrest lacked probable cause. The court also found no error in jury inst
• Arenson v. S. Univ. LAW Ctr.
  911 F.2d 1124· 5th Cir.· 1990-09-19 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that sufficient evidence existed for a reasonable jury to find for the plaintiff, reversing the district court's judgment notwithstanding the verdict.
• Dees v. City of Miami
  747 F. Supp. 679· S.D. Fla.· 1990-09-12 ·cited 1×
  Summary judgment is granted for defendants because reasonable officers could have believed probable cause existed for the arrest and prosecution, and supervisory defendants did not directly cause the constitutional deprivation.
• Key W. Harbour Dev. Corp. v. City of Key W.
  738 F. Supp. 1390· S.D. Fla.· 1990-05-22 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  Legislators' failure to follow prescribed procedures when rescinding a redevelopment plan, which nullified plaintiff's contract, can overcome claims of absolute legislative immunity and may constitute a due process violation.
• Nelson v. Sch. Bd. of Palm Beach Cnty.
  738 F. Supp. 478· S.D. Fla.· 1990-05-17 ·cited 1×
  The court held that the plaintiff sufficiently pleaded claims under Title VII, ADEA, and § 1981, but not under the Fourteenth Amendment directly or for due process violations.
• Twigg v. Hosp. Dist. of Hardee Cnty.
  731 F. Supp. 469· M.D. Fla.· 1990-02-21 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendants' motions to dismiss and strike should be denied in part and granted in part, finding that several claims, including negligence and a § 1983 claim, could proceed, but claims for punitive damages and pre-judgment interest were barred.
• Ching v. Lewis
  895 F.2d 608· 9th Cir.· 1990-02-05 ·cited 1×
  A prisoner's right of access to the courts includes contact visitation with counsel, and denying such visits without justification unnecessarily abridges this right.
• Dr. Charles Edwards for and in Behalf of Craig Alan Edwards v. Rees
  883 F.2d 882· 10th Cir.· 1989-08-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the interrogation of a student by a school vice principal, even if considered a seizure, was reasonable under the Fourth Amendment and did not violate due process rights.
• Hawks v. City OF Pontiac & Reginald Turner
  874 F.2d 347· 6th Cir.· 1989-05-03 ·cited 1×
  The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
• Decker v. City of Plantation
  706 F. Supp. 851· S.D. Fla.· 1989-02-22 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that res judicata barred the plaintiffs' claims because the state court had already fully litigated and entered a final judgment on the merits regarding the constitutionality of the ordinance and the claims arising from its enactment.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• Majette v. Butterworth
  603 F. Supp. 22· S.D. Fla.· 1988-04-25 ·cited 1×·via 42 U.S.C. § 1983 Violations
  The court denied motions to strike and for default judgment, granted dismissal for claims against the defendant in his official capacity due to lack of notice, but denied dismissal for claims against him in his individual capacity.
• Jones v. City of Key W.
  679 F. Supp. 1547· S.D. Fla.· 1988-02-25 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the Mayor's actions in silencing and removing the plaintiff from a public meeting violated the plaintiff's First Amendment rights, as the speech was protected political expression and not a genuine disruption.
• Chesney v. Hill
  813 F.2d 754· 6th Cir.· 1987-03-10 ·cited 1×
  The court held that the plaintiff's claims of negligence were not cognizable as a Fourteenth Amendment deprivation under 42 U.S.C. § 1983, and there was no Fourth Amendment violation.
• Emory Conner v. Sticher
  801 F.2d 1266· 11th Cir.· 1986-10-14 ·cited 1×
  The dissenting judge holds that psychological harassment by police constitutes an abuse of power and implicates a constitutionally protected interest.
• Shelton v. City OF Atlanta
  796 F.2d 1391· 11th Cir.· 1986-08-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff did not have a constitutionally protected property interest in his detective position because the city's ordinances and charter treated the position as temporary and discretionary, thus not entitling him to a hearing upon reassignment.
• Howard v. The City OF Greenwood
  783 F.2d 1311· 5th Cir.· 1986-03-07 ·cited 1×
  The court held that the trial court properly entered summary judgment on Rucker's unequal protection claim and that the findings of fact on the brutality claims were not clearly erroneous.
• Sherrod v. Palm Beach Cnty. Sch. Bd.
  620 F. Supp. 1275· S.D. Fla.· 1985-10-24 ·cited 1×
  The court held that the plaintiff's claim of a constitutionally protected property interest in tenure failed because he only had an expectation, not a guaranteed right, and that his liberty interest claim was also invalid as any stigma resulted from his own litigation.
• L.M.E., Inc. v. City of Hollywood
  605 F. Supp. 185· S.D. Fla.· 1985-04-19 ·cited 1×·via 42 U.S.C. § 1983 Claim For Damages
  The court affirmed the granting of a coastal construction permit to the City of Hollywood, finding that the developer, Woodholly Associates, Inc., properly raised the issue of the City's burden to prove the necessity and justification for the development.
• Adams v. Brierton
  752 F.2d 546· 11th Cir.· 1985-02-04 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that prison officials were entitled to qualified immunity because they acted in good faith and could not have known they were violating clearly established rights under the specific facts of the case.
• Ferrara v. Mills
  596 F. Supp. 1069· S.D. Fla.· 1984-11-14 ·cited 1×
  The court held that the plaintiff's speech, concerning internal school policies and personal grievances, did not constitute a matter of public concern and therefore was not protected by the First Amendment.
• Bell v. The Sch. Bd. OF the City OF Norfolk
  734 F.2d 155· 4th Cir.· 1984-05-07 ·cited 1×
  The court held that the plaintiffs failed to state a claim upon which relief could be granted, as the facts did not amount to a violation of First Amendment rights.
• Fundiller v. City of Cooper City
  578 F. Supp. 303· S.D. Fla.· 1984-01-18 ·cited 1×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the alleged excessive force was a tort redressable by state law, and that claims under 42 U.S.C. § 1985 and 18 U.S.C. § 242 failed for lack of required animus or implied private right of action.
• Cornes v. Munoz
  724 F.2d 61· 7th Cir.· 1983-12-28 ·cited 1×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  An appellate defender does not act under color of state law when performing traditional legal functions for a client, precluding a Section 1983 suit for malpractice.
• Graham v. Jacksonville Coach Co.
  568 F. Supp. 1575· M.D. Fla.· 1983-08-22 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove by a preponderance of the evidence that his discharge was based on racial animus, and therefore, his claims under Title VII, 42 U.S.C. §§ 1981, and 1983 failed.
• Branch v. Cole
  686 F.2d 264· 5th Cir.· 1982-09-20 ·cited 1×·via 42 U.S.C. § 1983 Action
  A trial court may not deny a request for appointed counsel in a 42 U.S.C. § 1983 action solely due to the unavailability of lawyers willing to work for free; the court must determine if exceptional circumstances exist.
• Quintin Orpiano v. Johnson
  687 F.2d 44· 4th Cir.· 1982-09-10 ·cited 1×·via 42 U.S.C. § 1983 Action
  A prisoner's § 1983 action challenging conditions of confinement can be referred to a magistrate without the prisoner's consent, but the district court must conduct a de novo review of factual objections raised by the prisoner.
• Ryan v. Mansfield State Coll.
  677 F.2d 354· 3d Cir.· 1982-05-04 ·cited 1×·via § 1983 Suit
  The court held that because the plaintiff did not prevail in his underlying constitutional claim, he is not entitled to attorney's fees under 42 U.S.C.A. § 1988.
• Hepperle v. Panama Mach. & Supply Co.
  532 F. Supp. 1085· N.D. Fla.· 1982-02-23 ·cited 1×
  Prevailing defendants are entitled to attorney fees under 42 U.S.C. § 1988 if the plaintiff's lawsuit was frivolous, unreasonable, or without foundation.
• Jackson v. The Honorable Arturo Cintron Garcia
  665 F.2d 395· 1st Cir.· 1981-11-12 ·cited 1×·via 42 U.S.C. § 1983 Action
  A federal court injunction to compel a state court to conduct proceedings in English is barred by the Younger doctrine, absent compelling circumstances and a showing of irreparable harm.
• Executive Servs. of Miami, Inc. v. S. Bell Tel. & Tel. Co.
  514 F. Supp. 430· S.D. Fla.· 1981-05-13 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff was unlikely to prevail on the merits of its claims for a preliminary injunction, as yellow page advertising is not a public utility function and the defendant's refusal to publish certain trade names was not a violation of state or federal law.
• Duncan v. Edwards
  600 F.2d 1069· 5th Cir.· 1979-07-31 ·cited 1×
  The court affirmed the judgment against deputies Dykes and Binder for false arrest but reversed the judgment against deputy Carr due to lack of evidence of his involvement.
• Stephenson v. Gaskins
  539 F.2d 1066· 5th Cir.· 1976-09-30 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  A sheriff's immunity from civil rights suits is qualified, not absolute, and claims of false imprisonment and denial of bail, if properly pleaded, state a claim for relief.
• Ellingburg v. Lloyd
  491 F.2d 728· 8th Cir.· 1974-02-20 ·cited 1×
  The court affirmed the dismissal of the appellant's petition, agreeing that it was frivolous.
• Univ. DAY Care Ctr., Inc. v. Temple University-Of the Commonwealth OF Higher Educ.
  442 F.2d 1116· 3d Cir.· 1971-04-30 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The federal court affirmed the dismissal of the complaint, finding that state law issues should be resolved by the state court first.
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Daniels v. Barber
  N.D. Fla.· 2026-02-06
  Roy O. Daniels, a pro se plaintiff, sought to proceed in forma pauperis in a civil rights action against two private individuals. The district court dismissed the case under the "three strikes" statute (28 U.S.C. §1915(g)) after adopting the magistrate judge's recommendation, and
• Jafet Castro-Reyes v. German Bosque
  11th Cir.· 2026-02-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  A 19-year-old experiencing a mental health crisis was restrained by family members who called 911, and police officers responded and used force including tasers and punches while attempting to detain and handcuff him. The Eleventh Circuit reversed qualified immunity for officers
• Timberlake v. Palm Beach Cnty. Sheriff's Off.
  S.D. Fla.· 2026-01-30
  The court granted the plaintiff's motion to proceed in forma pauperis but required an amended complaint because the original complaint failed to state a claim upon which relief could be granted.
• Hughes v. Locure
  11th Cir.· 2026-01-29
  The Eleventh Circuit held that the officer's conduct, while egregious, did not violate a clearly established constitutional right, and therefore qualified immunity should be granted.
• Holton v. Fla. Dep't of Revenue
  M.D. Fla.· 2026-01-16
  The court adopted the magistrate judge's recommendation to dismiss the plaintiff's amended complaint without leave to amend, denying his motion to proceed in forma pauperis.
• Dunning v. Detective Cohen
  M.D. Fla.· 2026-01-13
  The court granted the motion to dismiss because the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983, particularly regarding official-capacity claims and allegations against specific defendants.
• Jamael M. Hubbard v. Naphcare Med. Servs.
  M.D. Fla.· 2026-01-13 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs because the allegations amounted to a difference in medical opinion, not a constitutional violation.
• Galimore v. State Attorney Amira D. Fox & Fort Myers
  M.D. Fla.· 2026-01-13 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's second amended complaint fails to state a claim upon which relief can be granted and is dismissed with prejudice.
• Mitchell v. Bauders
  M.D. Fla.· 2026-01-09
  The court held that the pro se plaintiff's complaint was deficient for failing to meet pleading standards and granted leave to amend.
• Hutcheson v. Judge Melissa Black
  M.D. Fla.· 2026-01-08 ·via Violation Of 42 U.S.C. § 1983
  Federal court lacks jurisdiction to review state court rulings or grant relief against state judges and clerks for actions taken in their judicial capacities.
• Barreto-Baerga v. Osceola Cnty.
  M.D. Fla.· 2026-01-07
  The court granted the defendants' unopposed motion for a physical examination of the plaintiff.
• Lewis v. Chief Judge of the 17th Jud. Cir. in Broward Cnty.
  S.D. Fla.· 2025-12-29
  The court held that it lacked jurisdiction to issue a writ of prohibition against a state court and that the petition failed to state a claim under § 1983 due to sovereign immunity and the Rooker-Feldman doctrine.
• Schornik v. Lee Cnty. Jail
  M.D. Fla.· 2025-12-22
  The court held that the plaintiff's claims regarding his pending state criminal case are barred by the Younger abstention doctrine, and his claim of verbal threats does not state a constitutional violation.