42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 456 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Henry v. Attorney Gen., State of Ala.
  45 F.4th 1272· 11th Cir.· 2022-08-18 ·cited 6×
  William Henry, a state representative, challenged Alabama's grand jury secrecy law, arguing that it violated his First Amendment free speech rights by prohibiting him from disclosing his testimony and other information he learned while testifying before a grand jury investigating
• Waseem Daker v. Jackson
  942 F.3d 1252· 11th Cir.· 2019-11-15 ·cited 6×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff had accumulated at least three strikes under the PLRA and that the PLRA's three-strikes provision is constitutional.
• Sheena Yarbrough v. Decatur Hous. Auth.
  931 F.3d 1322· 11th Cir.· 2019-08-02 ·cited 6×
  A regulation establishing a preponderance of the evidence standard for housing benefit termination does not create a right enforceable under 42 U.S.C. § 1983, as it does not define or flesh out a right created by the Housing Act.
• Fernandez v. The Sch. Bd. OF Miami-Dade Cnty.
  898 F.3d 1324· 11th Cir.· 2018-08-10 ·cited 6×
  The Eleventh Circuit affirmed summary judgment for the Miami-Dade County School Board in a First Amendment retaliation case brought by two school administrators who pursued charter school conversion. The court held that the administrators' speech and conduct in advocating charter
• Wollschlaeger v. Governor OF THE State OF Fla.
  814 F.3d 1159· 11th Cir.· 2015-12-14 ·cited 6×
  The Act is a permissible regulation of professional speech that does not violate the First Amendment because it survives strict scrutiny; Florida has compelling interests in protecting the Second Amendment right to keep and bear arms and in protecting the privacy of firearm owner
• Demayo v. Palms W. Hosp.
  509 F. Supp. 2d 1230· S.D. Fla.· 2013-01-23 ·cited 6×
• Burks v. Beary
  713 F. Supp. 2d 1350· M.D. Fla.· 2010-04-29 ·cited 6×
  Summary judgment is denied on the § 1983 excessive force claims against the deputies due to disputed material facts, but granted for the Sheriff on the municipal liability claim. Summary judgment is denied on the wrongful death claims as the estate can recover damages.
• Bradsheer v. Fla. Dep't OF Hwy. Safety & Motor Vehicles
  20 So. 3d 915· Fla. 1st DCA· 2009-09-25 ·cited 6×
  This appeal addresses whether the Florida Department of Highway Safety and Motor Vehicles acted unlawfully when it required drivers convicted of DUI before July 1, 2005 to install ignition interlock devices, even though the department lacked statutory authority to do so prior to
• Osterback v. McDonough
  549 F. Supp. 2d 1337· M.D. Fla.· 2008-03-25 ·cited 6×
  The court found that while CM staff received adequate training, the occasional failure of some officers to adhere to that training by ignoring bona fide psychological emergencies, when combined with other factors, could rise to the level of an Eighth Amendment violation.
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Doe v. Fla. Int'l Univ. Bd. of Trs.
  464 F. Supp. 2d 1259· S.D. Fla.· 2006-12-14 ·cited 6×
  The court held that the defendant's removal was improper because the amended complaint did not fundamentally alter the nature of the lawsuit, and thus the "revival exception" to the 30-day removal period did not apply.
• Arline v. City of Jacksonville
  359 F. Supp. 2d 1300· M.D. Fla.· 2005-02-25 ·cited 6×
  The court granted summary judgment for the City on Count I, found Count III presented a jury question, granted summary judgment for Hinson on Count VI, and addressed Gilligan's motion.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem
• Marsh v. Butler Cnty.
  225 F.3d 1243· 11th Cir.· 2000-09-07 ·cited 6×
  The Eleventh Circuit reversed the district court's dismissal of the complaint, finding that the plaintiffs had alleged sufficient facts to state claims against Butler County, the Butler County Commission, and Sheriff Diane Harris. The court held that the district court erred in d
• Harris v. Bush
  106 F. Supp. 2d 1272· N.D. Fla.· 2000-07-25 ·cited 6×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against most defendants due to lack of pleading, immunity, or Eleventh Amendment bar, and also failed to state a claim for declaratory relief.
• Cnty. OF Volusia v. Kemp
  764 So. 2d 770· Fla. 5th DCA· 2000-07-14 ·cited 6×
  Volusia County appealed a jury verdict in Kemp's malicious prosecution suit brought under 42 U.S.C. § 1983, arguing the trial court erred in admitting expert testimony on constitutional law enforcement standards. The appellate court reversed, finding the expert testimony improper
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Donat McDONALD and Dorrell Bryan v. State
  742 So. 2d 830· Fla. 4th DCA· 1999-09-08 ·cited 6×
  McDonald and Bryan were charged with marijuana possession and delivery after police executed a search warrant at their home and discovered cannabis. While at the apartment, officers conducted a seven-hour reverse-sting operation without the defendants' consent, during which appro
• Albajon v. Gugliotta
  72 F. Supp. 2d 1362· S.D. Fla.· 1999-09-07 ·cited 6×
  The court held that the plaintiff's claims were barred by sovereign immunity, failure to exhaust administrative remedies, lack of state action, and failure to establish a violation of clearly established constitutional rights.
• Harris v. Dist. BD. Trs. of Polk Cmty. Coll.
  9 F. Supp. 2d 1319· M.D. Fla.· 1998-06-18 ·cited 6×
  The court held that the plaintiffs sufficiently alleged a First Amendment retaliation claim against President Peck and that the statute of limitations for their Whistle-blower Act claims had not yet expired, as it accrues upon discovery of the wrongful act.
• Anderson v. Steven R. Andrews, P.A.
  692 So. 2d 237· Fla. 1st DCA· 1997-04-23 ·cited 6×·via 42 U.S.C. § 1983 Claim Elements
  A legal malpractice action against an attorney who represented a pro se litigant in two federal civil rights cases. The court affirmed summary judgment on the Pittman case but reversed and remanded on the Harkins case, finding the trial court failed to address the malpractice cla
• Arenal v. City of Punta Gorda
  932 F. Supp. 1406· M.D. Fla.· 1996-07-17 ·cited 6×
  The court held that a suspension with pay can constitute an injury in fact for standing purposes and that a public employee's speech on matters of public concern, even if related to employment duties, can be protected by the First Amendment. The court also found that a municipali
• Kantner v. Martin Cnty.
  929 F. Supp. 1482· S.D. Fla.· 1996-05-30 ·cited 6×
  The court held that plaintiffs' substantive due process and equal protection claims failed because the county's zoning decisions were non-legislative acts and supported by rational bases related to legitimate government concerns.
• In re The Est. OF Helen Smith v. City OF Hollywood
  644 So. 2d 158· Fla. 4th DCA· 1994-10-26 ·cited 6×
  A prevailing defendant in a section 1983 civil rights action is entitled to attorney's fees only when the plaintiff's claim is frivolous, unreasonable, or groundless, and a claim alleging police negligence in a high-speed chase resulting in death was not frivolous despite being d
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Adler v. Duval Cnty. Sch. Bd.
  851 F. Supp. 446· M.D. Fla.· 1994-05-04 ·cited 6×
  The court held that the school district's policy allowing student-initiated and student-led prayer at graduation ceremonies did not violate the Establishment Clause of the First Amendment.
• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Heck v. Humphrey
  997 F.2d 355· 7th Cir.· 1993-07-01 ·cited 6×
  A pro se prisoner's civil rights suit challenging his conviction must be dismissed, not stayed, if he fails to exhaust state remedies, even if the statute of limitations would bar refiling after exhaustion.
• Joseph and Marjorie Procopio v. Johnson
  994 F.2d 325· 7th Cir.· 1993-05-06 ·cited 6×
  The court held that foster parents do not possess a liberty interest in their foster family relationship protected by the Fourteenth Amendment, nor does the Adoption Assistance and Child Welfare Act create an enforceable right under 42 U.S.C. § 1983 for them.
• Felton Hale and Richard S. Berry v. State OF Ariz.
  993 F.2d 1387· 9th Cir.· 1993-05-04 ·cited 6×
  The Fair Labor Standards Act (FLSA) applies to prisoners working in prison-structured programs, requiring them to be paid the federal minimum wage.
• Durmer v. Dr. J. O'Carroll, M.D.
  991 F.2d 64· 3d Cir.· 1993-03-30 ·cited 6×
  The dissenting judge would affirm the district court's judgment, finding no evidence of deliberate indifference to a serious medical need by Dr. O'Carroll.
• Lovelace v. Lark O'Hara
  985 F.2d 847· 6th Cir.· 1993-02-11 ·cited 6×
  The court held that the amended complaint, which sought to sue the defendant in his individual capacity after the statute of limitations had run, did not relate back to the original complaint because the defendant did not receive adequate notice within the prescribed period that
• Dwares v. The City OF NEW York
  985 F.2d 94· 2d Cir.· 1993-02-05 ·cited 6×
  The court held that the complaint adequately alleged § 1983 claims against individual officers for conspiracy to deprive plaintiff of his rights, and that the district court erred in dismissing these claims based on DeShaney and insufficient conspiracy allegations.
• Citizens Against TAX Waste v. Westerville City Sch.
  985 F.2d 255· 6th Cir.· 1993-02-03 ·cited 6×
  The court held that the plaintiff association, CATW, was a prevailing party entitled to seek attorney fees under 42 U.S.C. § 1988 because its lawsuit caused the defendant Board to revise its policy, even though it did not obtain all the relief sought.
• Elder v. R.D. Holloway
  984 F.2d 991· 9th Cir.· 1993-01-27 ·cited 6×
  The court's order denying en banc review is dissented from, arguing the Elder rule unfairly burdens civil rights plaintiffs.
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Dimmig v. Robert "Pete" Wahl
  983 F.2d 86· 7th Cir.· 1993-01-06 ·cited 6×
  A sheriff may use political considerations when determining who will serve as a deputy sheriff, and discharging a deputy for refusing to campaign for the sheriff does not violate the First Amendment.
• Lambrix v. Dugger
  610 So. 2d 1366· Fla. 1st DCA· 1992-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  An inmate, Michael Lambrix, challenged the prison's confiscation of sexually explicit photographs he ordered, claiming violation of his First and Fourteenth Amendment rights. The trial court granted summary judgment for the prison officials, and the appellate court affirmed, hold
• Bostic v. City OF Chicago
  981 F.2d 965· 7th Cir.· 1992-12-23 ·cited 6×
  The court held that the plaintiff failed to demonstrate a Fourth Amendment violation regarding his post-arrest detention or the probable cause for his second arrest, and that his claim regarding exculpatory evidence was unsubstantiated.
• Parker v. Bd. OF Regents OF the Tulsa Junior Coll.
  981 F.2d 1159· 10th Cir.· 1992-12-17 ·cited 6×
  The court held that the defendants are entitled to qualified immunity because the plaintiff voluntarily resigned and was not constructively discharged, thus not being deprived of her property interest in employment without due process.
• Williams v. Browman
  981 F.2d 901· 6th Cir.· 1992-12-14 ·cited 6×
  The court held that a pro se prisoner's verified complaint, under 28 U.S.C. § 1746, can create genuine issues of material fact sufficient to defeat summary judgment, but in this case, the district court did not abuse its discretion in denying relief from its prior summary judgmen
• Cronen v. Tex. Dep't OF Human Servs.
  977 F.2d 934· 5th Cir.· 1992-11-23 ·cited 6×
  The Eleventh Amendment bars claims against the state and its agency for food stamp benefits, and qualified immunity protects individual defendants from liability for most claims, but not for the denial of income averaging.
• Ali v. City of Clearwater
  807 F. Supp. 701· M.D. Fla.· 1992-11-20 ·cited 6×
  The court held that a plaintiff need not exhaust administrative remedies under Section 504 of the Rehabilitation Act, but must do so under the Florida Human Rights Act. Claims under 42 U.S.C. § 1983 against a municipality require an allegation of policy or custom.
• Thomson v. Scheid
  977 F.2d 1017· 6th Cir.· 1992-10-19 ·cited 6×
  The court held that the plaintiff's actions and claims did not rise to the level of constitutional violations under § 1983, and therefore, the district court's grant of summary judgment was appropriate.
• Jantz v. Cleofas F. Muci
  976 F.2d 623· 10th Cir.· 1992-10-09 ·cited 6×
  The court held that the principal was entitled to qualified immunity because the unlawfulness of his alleged conduct was not apparent in light of pre-existing law in 1988. The court also held that the school district could not be held liable as the principal did not possess final
• Vasbinder v. Basil Y. Scott and Richard M. Switzer
  976 F.2d 118· 2d Cir.· 1992-09-30 ·cited 6×
  The court held that the jury's punitive damage awards of $150,000 against each defendant were excessive and shocked the judicial conscience. The court reduced the awards to $30,000 for one defendant and $20,000 for the other, or granted the plaintiff the option of a new trial.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Johnson v. Hugo's Skateway
  974 F.2d 1408· 4th Cir.· 1992-09-08 ·cited 6×
  The dissenting judge would affirm the $175,000 punitive damages award, finding that the jury instructions and evidence presented sufficiently constrained the jury's discretion to comport with due process.
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Leonel Buenrostro v. Collazo
  973 F.2d 39· 1st Cir.· 1992-08-26 ·cited 6×
  The court held that the officers were not entitled to qualified immunity for the warrantless entry into the plaintiff's home to make an arrest, as this violated clearly established Fourth Amendment law.