42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Trotman v. The Palisades Interstate Park Comm'n
  557 F.2d 35· 2d Cir.· 1977-05-27 ·cited 9×
  A bi-state commission created by compact is entitled to Eleventh Amendment immunity from suit in federal court, and the compact's sue-and-be-sued clause does not waive this immunity.
• Hopkins v. Collins
  548 F.2d 503· 4th Cir.· 1977-01-29 ·cited 9×
  The court held that a full hearing is not a necessary procedural due process requirement for prison newspaper censorship.
• Ulysee Franklin v. Fortner
  541 F.2d 494· 5th Cir.· 1976-10-29 ·cited 9×
  A prisoner's transfer between state prisons, absent a state-law right to remain in a specific facility, does not implicate a liberty interest protected by the Due Process Clause. However, claims regarding the conditions of confinement under the Eighth Amendment may survive summar
• Horowitz v. Bd. OF Curators OF the Univ. OF Mo.
  538 F.2d 1317· 8th Cir.· 1976-07-16 ·cited 9×
  The court held that the plaintiff's dismissal from medical school, which stigmatized her and foreclosed future employment and educational opportunities, constituted a deprivation of liberty requiring due process, including a hearing.
• Jackson v. McLEMORE
  523 F.2d 838· 8th Cir.· 1975-09-24 ·cited 9×
  A prisoner may be disciplined for refusing to participate in mandatory educational programs, and disciplinary confinement within approved limits is permissible.
• Bryan v. Jones
  519 F.2d 44· 5th Cir.· 1975-09-15 ·cited 9×·via 42 U.S.C. § 1983 Action
• Powell v. Laurent V. Radkins, Jr.
  506 F.2d 763· 5th Cir.· 1975-01-20 ·cited 9×
  The court held that the jury's finding that the plaintiff knew or should have known of her sterilization in 1967 was dispositive, as it fell outside the statute of limitations for her claims.
• Callahan v. Price
  505 F.2d 83· 5th Cir.· 1974-12-13 ·cited 9×
  The court held that the plaintiff failed to prove his non-renewal was for constitutionally impermissible reasons, affirming the lower court's decision based on factual findings.
• Honorable C. William O'Neill v. Honorable Frank J. Battisti
  472 F.2d 789· 6th Cir.· 1972-11-10 ·cited 9×
  The court held that the District Court improvidently issued a temporary restraining order and should have abstained from interfering with state court proceedings, granting a writ of mandamus to vacate the order and dismiss the action for lack of venue.
• Moore v. Kusper
  465 F.2d 256· 7th Cir.· 1972-07-18 ·cited 9×
  To invoke federal jurisdiction for alleged violations of state election procedures, plaintiffs must allege more than mere non-compliance with state law; they must allege an individual injury to a federally protected or constitutionally guaranteed right.
• Bromley-Heath Modernization Comm. v. Boston Hous. Auth.
  459 F.2d 1067· 1st Cir.· 1972-05-10 ·cited 9×
  The court held that the HUD circular was advisory, not mandatory, and affirmed the dismissal of claims based on it. It also affirmed summary judgment for the defendants on equal protection claims.
• Napolitano v. Hon. Daniel P. Ward
  457 F.2d 279· 7th Cir.· 1972-03-21 ·cited 9×
  The court held that the transactional immunity granted to the appellant by the State of Illinois was coextensive with his Fifth Amendment privilege against self-incrimination, and his removal from office did not constitute a penal aspect of criminal proceedings.
• Edwards v. Dothan City Schs.
  82 F.4th 1306· 11th Cir.· 2023-10-04 ·cited 8×
  The court held that a public employee with a for-cause termination contract has a property interest in employment, and the district court erred by dismissing the due process claim based on an interpretation of ambiguous documents against the plaintiff. The court affirmed dismissa
• Sosa v. Martin Cnty.
  13 F.4th 1254· 11th Cir.· 2021-09-20 ·cited 8×
  David Sosa was arrested twice by Martin County deputies on an outstanding arrest warrant for a different person with the same name, leading to a 1983 civil rights lawsuit. The Eleventh Circuit held that while the deputies had qualified immunity for the initial false arrest based
• Woods v. Comm'r, Ala. Dep't of Corr.
  951 F.3d 1288· 11th Cir.· 2020-03-04 ·cited 8×
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of his claims and that equity weighed against granting a stay of execution due to untimeliness.
• Bankshot Billiards, Inc. v. City OF Ocala
  634 F.3d 1340· 11th Cir.· 2011-03-11 ·cited 8×
  Bankshot Billiards challenged a City of Ocala ordinance restricting entry of persons under twenty-one to alcohol-serving establishments, claiming the ordinance was unconstitutionally vague under the Fourteenth Amendment. The district court declared the ordinance facially vague an
• Domotor v. Wennet
  630 F. Supp. 2d 1368· S.D. Fla.· 2009-06-30 ·cited 8×
  The court held that the plaintiff's § 1983 claims for false arrest and imprisonment are subject to the favorable-termination requirement of Heck v. Humphrey, and that the viability of these claims depends on whether the plaintiff's conviction or sentence has been invalidated.
• Gandara v. Sheriff Wayne Bennett
  528 F.3d 823· 11th Cir.· 2008-05-22 ·cited 8×
  The Vienna Convention on Consular Relations does not confer individually enforceable rights on foreign nationals that may be asserted in civil damages actions under 42 U.S.C. § 1983, even though the treaty is self-executing and its preamble and structure indicate that rights and
• Thompson v. Florida Bar
  526 F. Supp. 2d 1264· S.D. Fla.· 2007-11-21 ·cited 8×
  The court held that Younger/Middlesex abstention applies to the plaintiff's claims, requiring dismissal of the federal action.
• Whittington v. Town of Surfside
  490 F. Supp. 2d 1239· S.D. Fla.· 2007-06-06 ·cited 8×
  The court held that the officers were entitled to qualified immunity for false arrest claims due to arguable probable cause, and that the use of force was de minimis, thus not violating constitutional rights.
• Jordan v. Miami-Dade Cnty.
  439 F. Supp. 2d 1237· S.D. Fla.· 2006-07-13 ·cited 8×
  The court held that the plaintiff failed to exhaust administrative remedies and improperly sued for mental and emotional injuries without alleging physical injury, requiring dismissal of the complaint.
• Riebsame v. Prince
  267 F. Supp. 2d 1225· M.D. Fla.· 2003-05-09 ·cited 8×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants based on qualified immunity and denying the plaintiff's motion for summary judgment.
• Edwards v. Acadia Realty Tr., Inc.
  141 F. Supp. 2d 1340· M.D. Fla.· 2001-03-09 ·cited 8×
  The court held that plaintiffs failed to present sufficient evidence of racial animus or a policy/custom of discrimination to survive summary judgment on their claims under 42 U.S.C. § 1981 and § 1983.
• Seminole Cnty. v. Pinter Enters., Inc.
  184 F. Supp. 2d 1203· M.D. Fla.· 2000-09-26 ·cited 8×
  The court held that the local governments, as plaintiffs in the state court action, improperly removed the case to federal court because they could not be realigned as defendants for removal purposes. The court also declined to award costs under 28 U.S.C. § 1447(c).
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×·via Section 1983
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Paedae v. Escambia Cnty.
  709 So. 2d 575· Fla. 1st DCA· 1998-03-13 ·cited 8×
  The Paedaes challenged a summary judgment dismissing their federal civil rights and state law claims for damages after Escambia County denied them the right to use their property for mobile homes. The court held that neither a federal substantive due process claim nor a state cau
• Kris Lindquist v. Woronka
  706 So. 2d 358· Fla. 4th DCA· 1998-01-28 ·cited 8×
  Kris Lindquist appeals the dismissal of his § 1983 civil rights action against police officers who arrested him while intoxicated and then released him near a police station, after which he was struck by a vehicle causing severe permanent injuries. The court affirmed dismissal, h
• Omasta v. William "Bill" Bedingfield
  689 So. 2d 409· Fla. 5th DCA· 1997-03-07 ·cited 8×
  An inmate filed civil rights claims against prison officials alleging age discrimination, retaliation for jailhouse lawyer activities, and inadequate medical accommodations. The trial court dismissed the complaints with prejudice based on qualified immunity, but the appellate cou
• LEE Cnty. v. Sylvan Zemel
  675 So. 2d 1378· Fla. 2d DCA· 1996-04-10 ·cited 8×
  Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
• McGORY v. Metcalf
  665 So. 2d 254· Fla. 2d DCA· 1995-11-03 ·cited 8×
  Officer Timothy McGory shot and killed Karl Metcalf during a nighttime encounter in an alley after being informed of an armed assault. The court reversed the denial of McGory's summary judgment motion on qualified immunity grounds, holding that under the undisputed facts, any rea
• Aspen-Tarpon Springs Ltd. P'ship v. Stuart
  635 So. 2d 61· Fla. 1st DCA· 1994-01-18 ·cited 8×
  Mobile home park owners challenged the constitutionality of two provisions of Florida's Mobile Home Act. The trial court upheld section 723.033 (rent control) as constitutional but struck down section 723.061(2) (relocation/buyout requirements) as an unconstitutional taking of pr
• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Schebel v. Charlotte Cnty.
  833 F. Supp. 889· M.D. Fla.· 1993-10-05 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court granted the defendant's motion to strike the plaintiff's second amended complaint and ordered the plaintiff to file a new pleading due to lack of cohesiveness and clarity, and failure to obtain leave of court.
• Boddie v. City OF Columbus
  989 F.2d 745· 5th Cir.· 1993-04-14 ·cited 8×
  The court held that a public employee's claim of discharge for union association does not require proof that the association touched on a matter of public concern, and that Chief Gale was not entitled to qualified immunity because the law was clearly established in 1987.
• Reed v. Trooper Gardner
  986 F.2d 1122· 7th Cir.· 1993-02-23 ·cited 8×·via 42 U.S.C. § 1983 Liability
  Police officers may be liable under section 1983 if their affirmative actions create a dangerous situation or render citizens more vulnerable to danger than they otherwise would have been. However, a fetus cannot bring a claim under section 1983, and an appeal filed with "et al."
• Fla. Dep't OF Corr. v. McCARTY
  610 So. 2d 693· Fla. 2d DCA· 1992-12-18 ·cited 8×
  The court held that venue for civil actions against the state or its agencies properly lies in the county of the agency's principal headquarters, absent waiver or exception.
• Hamilton v. Endell
  981 F.2d 1062· 9th Cir.· 1992-12-15 ·cited 8×
  The court held that prison officials who force an inmate to fly against his treating physician's explicit orders, relying on a questionable second opinion, may be deliberately indifferent to the inmate's serious medical needs, thus forfeiting qualified immunity.
• Witmer v. Univ. OF Fla. Police Dep't
  610 So. 2d 87· Fla. 1st DCA· 1992-12-14 ·cited 8×
  Witmer appealed the trial court's dismissal of his civil rights complaint against University of Florida police officers. The court affirmed dismissal of section 1983 claims against the state and officers in their official capacities, but reversed dismissal of claims against offic
• Moore v. Mabus
  976 F.2d 268· 5th Cir.· 1992-11-02 ·cited 8×
  The court held that the dismissal of the civil rights complaint under § 1915(d) was improper due to the complexity of the issues and the need for further factual and legal development, but affirmed the dismissal of the privacy and loss of privileges claims.
• Vukadinovich v. Bd. OF Sch. Trs. OF the Mich. City Area Schs.
  978 F.2d 403· 7th Cir.· 1992-10-30 ·cited 8×
  The court held that the plaintiff's termination and subsequent treatment did not violate his constitutional rights to free speech or due process.
• Barrow v. Falck
  977 F.2d 1100· 7th Cir.· 1992-10-13 ·cited 8×
  A voluntarily dismissed appeal, even if based on a misunderstanding, cannot be reinstated after the time for filing an appeal has expired. The hourly rate for attorney fees must reflect the attorney's actual market rate, not a hypothetical higher rate.
• King v. Chide
  974 F.2d 653· 5th Cir.· 1992-10-13 ·cited 8×
  The court held that the officers were entitled to qualified immunity because the plaintiff failed to establish a severe injury or that the officers' conduct was grossly disproportionate to the need for action.
• Gates v. Deukmejian
  977 F.2d 1300· 9th Cir.· 1992-10-06 ·cited 8×
  The court held that the district court abused its discretion by failing to articulate a clear reason for the ten percent fee reduction and by not independently reviewing the fee application. The court also held that enhancement for contingency is not permitted under 42 U.S.C. § 1
• Hoffman v. Reali
  973 F.2d 980· 1st Cir.· 1992-08-27 ·cited 8×
  The court held that the officer was protected by qualified immunity because his belief in probable cause to seek an arrest warrant was objectively reasonable, even if based on uncorroborated informant testimony.
• McGUCKIN v. Dr. Smith
  974 F.2d 1050· 9th Cir.· 1992-08-24 ·cited 8×
  Before dismissing a pro se complaint for failure to state a claim, a district court must provide the pro se litigant with notice of the complaint's deficiencies and an opportunity to amend prior to dismissal. A dismissal without prejudice may constitute a final appealable order i
• Coyne v. City OF Somerville
  972 F.2d 440· 1st Cir.· 1992-08-17 ·cited 8×
  The court held that the plaintiff failed to state a claim for violations of due process, equal protection, or freedom of speech under federal law, and affirmed the dismissal of state law claims.
• Northington v. Jackson
  973 F.2d 1518· 10th Cir.· 1992-08-17 ·cited 8×
  The court held that dismissal of claims against the Sheriff's Department and certain officers was proper, but the dismissal of claims against Captain Jackson, Sergeant Motley, and Deputy Marin for excessive force and failure to protect was erroneous.
• Notari v. Denver Water Dep't
  971 F.2d 585· 10th Cir.· 1992-07-29 ·cited 8×
  The court held that a plaintiff's § 1983 claim is independent of Title VII if it relies on rights outside Title VII, and that a reverse discrimination plaintiff can establish a prima facie case with direct or strong indirect evidence of discrimination, not solely through the McDo