521 Florida cases classified under this topic, plus 1,043 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
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The court held that the complaint failed to plead the jurisdictional theory advanced on appeal, which was a pattern of negligent police vehicle operation.
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Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
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497 F.2d 125·
5th Cir.·
1974-07-12
·cited 4×
The court held that jail officials acting under a federal contract to house federal prisoners are still liable under 42 U.S.C. § 1983 for deprivation of adequate medical care.
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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.
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440 F.2d 777·
10th Cir.·
1971-04-16
·cited 4×
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.
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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.
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779 F. Supp. 2d 1330·
M.D. Fla.·
2011-03-15
·cited 3×
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
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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.
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The court granted summary judgment for the defendants on the plaintiffs' First Amendment claims (Counts 1 and 3) and failure to train/supervise claims (Count 4), finding no genuine issues of material fact regarding city policy or deliberate indifference.
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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
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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
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Summary judgment is granted for the defendant on federal and state racial discrimination claims and procedural due process claims, as the plaintiff failed to establish a prima facie case and show pretext, and adequate state remedies existed.
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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.
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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.
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The court denied the City's motions for summary judgment on Counts I, II, III, and V, finding genuine issues of material fact regarding handicap discrimination, failure to accommodate, and equal protection violations.
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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.
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845 F. Supp. 1520·
M.D. Fla.·
1994-03-07
·cited 3×
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.
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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
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973 F.2d 295·
4th Cir.·
1992-08-18
·cited 3×
Government officials are entitled to qualified immunity when their conduct does not violate clearly established statutory or constitutional rights, and the plaintiffs' actions did not constitute protected speech that was a 'but for' cause of their demotions.
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The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
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Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma
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958 F.2d 92·
5th Cir.·
1992-04-10
·cited 3×
The court held that a municipal judge acting in a judicial capacity does not create municipal policy for § 1983 liability, and the plaintiff lacked standing for injunctive relief due to speculative future harm.
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The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
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750 F. Supp. 1562·
M.D. Fla.·
1990-11-19
·cited 3×
The court held that the prior shooting incidents cited by the plaintiff were isolated events and did not establish a de facto policy or custom of tolerating excessive force, thus granting summary judgment for the defendants.
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The court held that the plaintiff's allegations were sufficient to state a claim for municipal liability under 42 U.S.C. § 1983, but dismissed the RICO claims because a municipality cannot possess the requisite criminal intent.
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885 F.2d 129·
4th Cir.·
1989-07-06
·cited 3×
State officials are not liable under 42 U.S.C. § 1983 for unconstitutional jail conditions when state law grants them only discretionary power to inspect and advise, not a mandatory duty to remedy such conditions.
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The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
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The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
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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
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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.
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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.
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The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
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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
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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.
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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.
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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.
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56 F. Supp. 2d 1370·
M.D. Fla.·
1999-07-19
·cited 2×
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.
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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.
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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.
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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.
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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.
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932 F. Supp. 278·
M.D. Fla.·
1996-07-01
·cited 2×
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.
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Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
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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
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The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
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The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
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986 F.2d 104·
5th Cir.·
1993-03-16
·cited 2×
Summary judgment on federal claims is affirmed as no constitutional violation occurred, but summary judgment on state law claims is reversed and remanded due to genuine issues of material fact regarding the suicide affirmative defense.
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The court held that for purposes of Federal Rule of Civil Procedure 68, the "judgment finally obtained" must include pre-offer costs and attorney's fees when comparing it to the offer of judgment, and that the trial court did not abuse its discretion in allowing an amended attorn
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985 F.2d 707·
3d Cir.·
1993-01-29
·cited 2×
The court held that the school bus driver, bus company president, and bus company were not liable under § 1983 because they were independent contractors and not state actors. The superintendent and school district were also not liable for failing to exhibit the 'deliberate indiff