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

• Ziahonna Teagan v. The City of McDonough
  949 F.3d 670· 11th Cir.· 2020-02-11 ·cited 5×
  Ziahonna Teagan sued the City of McDonough for constitutional and state-law violations arising from her prosecution for failing to maintain automobile liability insurance, including claims that the city violated her Fourth, Sixth, and Fourteenth Amendment rights and falsely impri
• McDonough v. Fernandez-Rundle
  862 F.3d 1314· 11th Cir.· 2017-07-12 ·cited 5×
  James McDonough recorded a meeting with the Homestead Police Chief without consent and posted portions online. The State Attorney threatened prosecution under Florida's wiretapping statute, claiming the recording violated Fla. Stat. § 934.03. The Eleventh Circuit reversed the dis
• Fla. Transp. Serv., Inc. v. Miami-Dade Cnty.
  757 F. Supp. 2d 1260· S.D. Fla.· 2010-11-02 ·cited 5×
  Summary judgment is granted for Florida Transportation on liability for permit denials in 2003-2005, but for the County on other claims, due to statute of limitations and res judicata.
• Swofford v. Eslinger
  671 F. Supp. 2d 1289· M.D. Fla.· 2009-11-30 ·cited 5×
  The court held that genuine issues of material fact exist regarding whether the officers' entry onto the property was lawful and whether they used excessive force, thus precluding summary judgment on qualified immunity.
• Croom v. Balkwill
  672 F. Supp. 2d 1280· M.D. Fla.· 2009-11-18 ·cited 5×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's claims of unlawful arrest and excessive force.
• MS Ex Rel. Soltys v. Seminole Cnty. Sch. BD.
  636 F. Supp. 2d 1317· M.D. Fla.· 2009-07-10 ·cited 5×
  The court held that the defendant teacher's motion for summary judgment should be denied because the plaintiff presented sufficient evidence to support claims of constitutional deprivation under § 1983 and state law torts, and the defendant was not entitled to qualified immunity
• ABC Charters, Inc. v. Bronson
  591 F. Supp. 2d 1272· S.D. Fla.· 2008-10-01 ·cited 5×
  The court held that the Florida Sellers of Travel Act Amendments likely violate the Supremacy Clause and Commerce Clause, and denied the motion to dismiss.
• Battiste v. Lamberti
  571 F. Supp. 2d 1286· S.D. Fla.· 2008-08-11 ·cited 5×
  The court held that the arresting deputies are not entitled to qualified immunity on the plaintiffs' false arrest and First Amendment retaliation claims, as genuine issues of material fact exist regarding probable cause and retaliatory motive.
• Pate v. Peel
  256 F. Supp. 2d 1326· N.D. Fla.· 2003-03-31 ·cited 5×
  The court held that the defendant's motion for summary judgment should be granted because the plaintiff failed to establish a genuine issue of material fact regarding his First and Eighth Amendment claims.
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Gionis v. Headwest, Inc.
  799 So. 2d 416· Fla. 5th DCA· 2001-11-16 ·cited 5×
  George Gionis, a DER supervisor, appealed the trial court's denial of his motion for summary judgment based on qualified immunity in a § 1983 civil rights case. The Fifth District granted certiorari review of the non-final order, finding that the trial court erred by denying qual
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Fernez v. Calabrese
  760 So. 2d 1144· Fla. 5th DCA· 2000-07-07 ·cited 5×
  A claim of qualified immunity cannot support interlocutory certiorari review when the underlying cause of action—here, damages for violation of procedural due process and free speech rights under the Florida Constitution—is not recognized as an actionable tort under Florida law.
• Levy v. City of Hollywood
  90 F. Supp. 2d 1344· S.D. Fla.· 2000-03-31 ·cited 5×
  A high-speed police pursuit, without more, does not violate substantive due process rights under 42 U.S.C. § 1983, and when the sole federal claim is dismissed, remaining state law claims should be remanded.
• Samarco v. Neumann
  44 F. Supp. 2d 1276· S.D. Fla.· 1999-03-04 ·cited 5×
  Summary judgment is granted for the defendants because the plaintiff failed to establish an unconstitutional policy or that the force used was excessive under the Fourth Amendment.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  33 F. Supp. 2d 1364· S.D. Fla.· 1999-01-19 ·cited 5×
  The court granted plaintiffs' motion for a preliminary injunction, finding a substantial likelihood of success on their First Amendment claim regarding the zoning ordinance's limitations on adult entertainment establishments.
• Henniger v. Pinellas Cnty.
  7 F. Supp. 2d 1334· M.D. Fla.· 1998-06-25 ·cited 5×
  The court held that a property interest in a building permit, created by state law via equitable estoppel, is protected by procedural due process, not substantive due process. Claims were dismissed for failure to state a claim, lack of ripeness, or failure to exhaust administrati
• Martinez v. S. Fla. Water Mgmt. Dist.
  705 So. 2d 611· Fla. 4th DCA· 1997-12-24 ·cited 5×
  Martinez, a former employee of the South Florida Water Management District, challenged his termination for a positive drug test, claiming violations of the Drug-Free Workplace Act and the Rehabilitation Act. The court held that the District is not a state "agency" under the Drug-
• Saunders v. Hunter
  980 F. Supp. 1236· M.D. Fla.· 1997-10-02 ·cited 5×
  The court adopted the Magistrate Judge's recommendation to dismiss certain claims and defendants while allowing others to proceed, finding that some allegations sufficiently stated claims under color of law and that the Fair Labor Standards Act preempted certain state law claims.
• Hernandez v. Metro-Dade Cnty.
  992 F. Supp. 1365· S.D. Fla.· 1997-05-07 ·cited 5×
  The court held that a Section 1983 claim against the City for deliberate indifference, a false arrest/imprisonment claim against the City, and a false arrest/imprisonment claim against the officer could proceed, but a negligence claim against the City was dismissed.
• Johnson v. Cannon
  947 F. Supp. 1567· M.D. Fla.· 1996-11-19 ·cited 5×
  The court held that the plaintiff's allegations were sufficient to state a claim under 42 U.S.C. § 1983 for violations of her constitutional rights, and that sovereign immunity did not bar the pendent state law claims for negligence.
• Pinchot v. First Fla. Banks, Inc.
  666 So. 2d 201· Fla. 2d DCA· 1995-12-22 ·cited 5×
  Appellants Michael and Kathleen Pinchot challenged two summary judgments entered against them in their action for damages arising from Michael Pinchot's alleged false arrest by a Clearwater police officer shortly after cashing a check at First Florida Bank. The court reversed bot
• Nash v. Consol. City of Jacksonville
  895 F. Supp. 1536· M.D. Fla.· 1995-08-04 ·cited 5×
  The court held that the plaintiff established a prima facie case of disparate impact due to the City's history of discrimination, even though statistical evidence alone was insufficient. The court also found that the City failed to meet its burden of proving the challenged practi
• Kubany v. Sch. Bd. of Pinellas Cnty.
  839 F. Supp. 1544· M.D. Fla.· 1993-11-20 ·cited 5×
  The court held that individual school officials were entitled to qualified immunity, but the School Board could be liable for Count Three, which alleged a flawed appeal process.
• King v. MacRi
  993 F.2d 294· 2d Cir.· 1993-05-05 ·cited 5×
  The court held that punitive damages can be awarded in § 1983 cases even without compensatory damages, and that the jury's punitive damage awards were excessive and ordered a remittitur.
• Cornfield v. Consol. High Sch. Dist. NO. 230
  991 F.2d 1316· 7th Cir.· 1993-04-23 ·cited 5×
  The court held that the strip search of the student was justified at its inception and permissible in scope under the Fourth Amendment, and that the school officials were entitled to qualified immunity. The court also found no basis for municipal liability against the school dist
• Versarge v. The Twp. OF Clinton NEW Jersey
  984 F.2d 1359· 3d Cir.· 1993-02-02 ·cited 5×
  The court held that the plaintiff's speech, motivated by personal animosity and causing significant disruption within the volunteer fire company, was not protected by the First Amendment, and thus his expulsion was permissible.
• Clark v. Clark
  984 F.2d 272· 8th Cir.· 1993-01-28 ·cited 5×
  A federal court cannot relitigate issues already decided by state courts if the plaintiff had a full and fair opportunity to litigate those issues in state court.
• Griffin v. Strong
  983 F.2d 1544· 10th Cir.· 1993-01-27 ·cited 5×
  The court held that the defendant's conduct did not unduly interfere with the plaintiff's right of familial association, and thus the district court should have granted the defendant's motions for directed verdict or judgment notwithstanding the verdict.
• Taylor Inv., Ltd. v. Upper Darby Twp.
  983 F.2d 1285· 3d Cir.· 1993-01-25 ·cited 5×
  The appellate court held that the plaintiffs' civil rights claims were not ripe for judicial review because they had not allowed the local zoning authorities to reach a final decision on the matter. The court vacated the district court's judgment and remanded with instructions to
• Mouille v. The City OF Live OAK
  977 F.2d 924· 5th Cir.· 1992-11-20 ·cited 5×
  Officer Britt is entitled to qualified immunity because his actions were objectively reasonable and not grossly disproportionate to the need for action under the circumstances. Claims against supervisory officials and the municipality lack sufficient evidence.
• Carter v. Buscher
  973 F.2d 1328· 7th Cir.· 1992-09-01 ·cited 5×
  The Fourth Amendment prohibits unreasonable seizures, not unreasonable or outrageous conduct in general, and pre-seizure conduct is not subject to Fourth Amendment scrutiny.
• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Nipper v. Chiles
  795 F. Supp. 1525· M.D. Fla.· 1992-06-02 ·cited 5×
  The court found that the plaintiffs failed to establish a Section 2 Voting Rights Act violation because the evidence did not demonstrate that the at-large election system for judges in the Fourth Judicial Circuit and Duval County diluted the voting strength of black citizens.
• Hankins v. Finnel
  964 F.2d 853· 8th Cir.· 1992-05-22 ·cited 5×
  The dissent argues the majority erred by applying Fed.R.Civ.P. 69(a) to allow a garnishment proceeding against the State of Missouri, misinterpreting Eleventh Amendment immunity and waiver principles.
• Neal v. Kelly
  963 F.2d 453· D.C. Cir.· 1992-05-19 ·cited 5×
  The court held that a pro se prisoner must receive adequate notice before a court can treat a motion to dismiss as a motion for summary judgment, and that a verified complaint can serve as an affidavit in opposition to summary judgment.
• Ater v. Armstrong
  961 F.2d 1224· 6th Cir.· 1992-04-17 ·cited 5×
  The court held that the Kentucky statute prohibiting standing on roadways for literature distribution, while allowing solicitation with safety precautions, is a constitutional content-neutral time, place, and manner restriction on speech.
• Bills v. Aseltine
  958 F.2d 697· 6th Cir.· 1992-03-09 ·cited 5×
  The court held that the district court erred in granting summary judgment regarding the August 20th search, as the reasonableness of allowing a private security officer to photograph items unrelated to the warrant's purpose presented a jury question. However, the court affirmed s
• Boren v. Deland
  958 F.2d 987· 10th Cir.· 1992-03-09 ·cited 5×
  A strip search of a prison visitor is constitutionally permissible if supported by reasonable suspicion.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• Johnson v. Hugo's Skateway
  949 F.2d 1338· 4th Cir.· 1991-11-22 ·cited 5×
  The court held that the jury's award of punitive damages, made without a guiding standard and reviewed under traditional excessiveness standards, violated due process. However, the majority's adoption of new review procedures conflicts with the Seventh Amendment.
• Yorktown Med. Lab., Inc. v. Perales
  948 F.2d 84· 2d Cir.· 1991-10-28 ·cited 5×
  The court held that official capacity claims against the state are barred by the Eleventh Amendment, and individual capacity claims fail for lack of a constitutionally protected property interest in payments pending investigation.
• First Assembly of God of Naples v. Collier Cnty.
  775 F. Supp. 383· M.D. Fla.· 1991-10-04 ·cited 5×
  The court denied the preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their First Amendment free exercise and Fourteenth Amendment procedural due process claims.
• Peterson v. City OF Plymouth
  945 F.2d 1416· 8th Cir.· 1991-10-01 ·cited 5×
  The court held that officers were not entitled to qualified immunity for arresting Peterson without probable cause and that the district court erred in dismissing remaining state law claims based on lawful arrest findings.
• L.S.T., Inc. v. Crow
  772 F. Supp. 1254· M.D. Fla.· 1991-09-12 ·cited 5×
  The court denied defendants' motions to dismiss, finding the complaint adequately stated federal and state claims and that questions of official capacity and procurement were for the jury.
• Schowengerdt v. United States
  944 F.2d 483· 9th Cir.· 1991-09-06 ·cited 5×
  The court held that the plaintiff had no reasonable expectation of privacy in his office or credenza due to extreme workplace security measures, and his discharge from the Naval Reserve was not unconstitutional. The court affirmed the summary judgments.
• Weaver v. Univ. OF Cincinnati
  942 F.2d 1039· 6th Cir.· 1991-08-26 ·cited 5×
  The court held that the district court erred in denying a preliminary injunction because the agency shop fee collection scheme violated First Amendment rights under Hudson, and the issue was not moot despite subsequent renotification.
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.