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

• Quick v. Jones
  754 F.2d 1521· 9th Cir.· 1985-05-28 ·cited 5×
  The court held that the prison disciplinary committee's order of restitution and subsequent deduction of funds from a prisoner's account, without a determination of civil or criminal responsibility, violated the prisoner's due process rights.
• Bartolo Gomez Sr Parent/Prsnl Rep of Estate of Bartolo Gomez, Jr. v. Whitney
  757 F.2d 1005· 9th Cir.· 1985-04-09 ·cited 5×
  The court held that an inadequate police investigation, without the deprivation of another recognized constitutional right, does not state a cognizable claim under 42 U.S.C. § 1983.
• In re Tiana Queen Motel, Inc. v. Tiana Queen Motel, Inc.
  749 F.2d 146· 2d Cir.· 1984-11-29 ·cited 5×
  The court held that the bankruptcy court's conversion orders were proper and that the district court did not err in affirming them. The court also held that the mandamus petition should be remanded for further proceedings.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Ausley v. J.P. Mitchell
  748 F.2d 224· 4th Cir.· 1984-11-16 ·cited 5×
  The court affirmed the district court's judgments but recommended a conditional dismissal allowing plaintiffs to reinstate their cases if sovereign immunity is upheld in state court.
• Stone Mountain Game Ranch, Inc. v. George M.D. (John) Hunt, III
  746 F.2d 761· 11th Cir.· 1984-11-13 ·cited 5×
  A tenant has no constitutionally protected property interest in a lease renewal or in compelling a landlord to purchase its business, absent a binding agreement.
• McDougald v. Jenson
  596 F. Supp. 680· N.D. Fla.· 1984-09-26 ·cited 5×
  The court held that the Florida custody modification order was valid under the Parental Kidnapping Prevention Act (PKPA) and entitled to enforcement, and that federal jurisdiction existed to make this declaration.
• Pollard v. J.D. White
  738 F.2d 1124· 11th Cir.· 1984-07-18 ·cited 5×
  The court held that the district court did not abuse its discretion in refusing to order the prisoner's attendance at trial, allowing him to testify by deposition instead.
• Nartowicz v. Clayton Cnty. Sch. Dist.
  736 F.2d 646· 11th Cir.· 1984-07-17 ·cited 5×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the school district's practices of permitting a religious student group to meet on school premises and announcing church-sponsored activities, as these practices likel
• Whitfield v. Ira Finn
  731 F.2d 1506· 11th Cir.· 1984-05-10 ·cited 5×
  Summary judgment was unwarranted because genuine issues of material fact remain regarding whether the plaintiff had a property interest in his employment that required termination only for cause.
• Davenport v. Randolph Cnty. Bd. OF Educ.
  730 F.2d 1395· 11th Cir.· 1984-04-26 ·cited 5×
  High school grooming regulations are constitutionally valid unless there is evidence of discriminatory enforcement or arbitrary effect. A student's interest in participating in athletics is not a protected property interest.
• Nemmers v. City OF Dubuque
  716 F.2d 1194· 7th Cir.· 1983-09-02 ·cited 5×
  The court held that the plaintiff acquired a vested right to continued light industrial zoning under Iowa law based on substantial expenditures made in reliance on prior zoning and city encouragement, and that the city's subsequent rezoning violated this right.
• Walker v. A.L. Lockhart
  713 F.2d 1378· 8th Cir.· 1983-08-11 ·cited 5×
  The court held that the undisputed evidence showed the inmate faced an unusually high risk of physical danger in the Arkansas prison system, entitling him to serve his sentence outside of Arkansas.
• Lopez v. City OF Austin
  710 F.2d 196· 5th Cir.· 1983-07-25 ·cited 5×
  The court held that the employee failed to demonstrate a City custom or practice of discrimination and failed to show personal involvement by the supervisor, thus he is not entitled to relief under § 1983.
• Owens v. Barnes
  711 F.2d 25· 3d Cir.· 1983-06-30 ·cited 5×
  A state may constitutionally deny incarcerated convicted felons the right to vote while allowing unincarcerated convicted felons to vote, provided the distinction is rationally related to a legitimate state interest.
• Douglas N. Higgins, Inc. v. Fla. Keys Aqueduct Auth.
  565 F. Supp. 126· S.D. Fla.· 1983-06-21 ·cited 5×
  A disappointed bidder does not have a constitutionally protected property interest under Section 1983 if the state administrative findings, affirmed by state courts, determined there was no material non-compliance by the successful bidder.
• Wanninger v. Capt. D.E. Davenport
  697 F.2d 992· 11th Cir.· 1983-02-10 ·cited 5×
  The court held that jail officials are not constitutionally required to provide free photocopies of legal materials to prisoners to ensure meaningful access to the courts.
• Hooks v. Wainwright
  536 F. Supp. 1330· M.D. Fla.· 1982-04-14 ·cited 5×
  The court held that the state's proposed law library system alone is insufficient to guarantee indigent inmates meaningful access to the courts, and that some form of attorney assistance is constitutionally required.
• S. Coop. Dev. Fund v. Driggers
  527 F. Supp. 927· M.D. Fla.· 1981-12-03 ·cited 5×
  The court held that the county's denial of the plat application under new regulations, when it complied with old regulations, violated due process, and that the county's counterclaim was permissive and dismissed.
• Burstein v. The State BAR OF Cal.
  659 F.2d 670· 5th Cir.· 1981-10-21 ·cited 5×
  The court held that the California Bar's contacts with Louisiana were insufficient to establish personal jurisdiction under the minimum contacts test, and thus the district court did not err in dismissing the case.
• MOE v. Dinkins
  635 F.2d 1045· 2d Cir.· 1980-12-09 ·cited 5×
  The court held that abstention was improper because the state statute was clear and unambiguous, and the state's proposed alternative constructions were strained and untenable.
• Bentley v. Beck
  625 F.2d 70· 5th Cir.· 1980-08-28 ·cited 5×
  Prison officials cannot deny job assignments solely based on race, even within a prison setting.
• Waters v. ST. Francis Hosp., Inc.
  618 F.2d 1105· 5th Cir.· 1980-06-09 ·cited 5×
  The court held that Florida Statute § 395.065, which merely authorizes private hospitals to suspend staff privileges for good cause, does not constitute 'state action' under 42 U.S.C. § 1983 because it does not compel such actions.
• Lorna Williams v. Town OF Okoboji
  606 F.2d 812· 8th Cir.· 1979-10-04 ·cited 5×
  The court held that the plaintiff should be allowed to amend her complaint because the additional facts provided, if properly pleaded, could state a claim for relief.
• Ellison v. Stephens
  581 F.2d 584· 6th Cir.· 1978-08-17 ·cited 5×
  A state Attorney General is immune from a civil rights suit under 42 U.S.C. § 1983 for raising the common law doctrine of sovereign immunity as a defense in a state court action.
• Polelle v. Fla. Sec'y of State
  131 F.4th 1201· 11th Cir.· 2025-03-11 ·cited 4×
  Michael Polelle, an unaffiliated voter in Sarasota County, Florida, challenged the constitutionality of Florida's closed primary system, which prevented him from voting in partisan primary elections without registering with a political party, on First Amendment and Fourteenth Ame
• Brucker v. City of Doraville
  38 F.4th 876· 11th Cir.· 2022-06-24 ·cited 4×
  The City's financial reliance on fines and fees does not create an unconstitutional risk of bias in its municipal court judge, prosecutor, police, or code enforcement agents, as their independence and lack of direct financial incentive in individual case outcomes are sufficient.
• Reeves v. Comm'r, Ala. Dep't of Corr.
  23 F.4th 1308· 11th Cir.· 2022-01-26 ·cited 4×
  The Eleventh Circuit affirmed the district court's grant of a preliminary injunction, finding the inmate had standing and was likely to succeed on his ADA claim regarding a reasonable accommodation for his cognitive and reading disabilities in electing an execution method.
• Cooper, Jr. v. Fla. Dep't of Corr.
  2019 WL 5304078· M.D. Fla.· 2020-07-27 ·cited 4×
  The court held that the plaintiff failed to state a plausible claim against the FDOC, Corizon, the officers, and Warden Freeman due to insufficient factual allegations and lack of specificity.
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Soto v. City of Miami Beach
  2014 WL 2832105· S.D. Fla.· 2014-06-13 ·cited 4×
  The court held that officers were entitled to qualified immunity for false arrest due to arguable probable cause, and state law battery claims failed as the force used was incident to a lawful arrest.
• Blackshear v. City of Miami Beach
  799 F. Supp. 2d 1338· S.D. Fla.· 2011-07-26 ·cited 4×
  The court held that the plaintiff sufficiently alleged claims for illegal search and seizure, malicious prosecution, and false arrest, thus denying the defendants' motions to dismiss.
• Doe v. Miami-Dade Cnty.
  797 F. Supp. 2d 1296· S.D. Fla.· 2011-05-23 ·cited 4×
  The court granted summary judgment for the County, finding no evidence that the County breached its hiring policies or acted with deliberate indifference, and thus no basis for the plaintiff's state law negligence or federal civil rights claims.
• City Nat'l Bank OF Fla. & Citivest Constr. Corp. v. City OF Tampa
  67 So. 3d 293· Fla. 2d DCA· 2011-04-06 ·cited 4×
  Property owners challenged a municipal decision denying their condominium project's certificate of appropriateness, alleging equal protection violations under 42 U.S.C. § 1983 based on disparate treatment compared to similarly situated properties. The circuit court dismissed the
• Laquarius Gray v. Bostic
  625 F.3d 692· 11th Cir.· 2010-10-26 ·cited 4×
  The district court did not abuse its discretion in awarding attorney's fees to the plaintiff who prevailed on a significant legal issue of first impression, even though only nominal damages were awarded. The plaintiff's success served an important public purpose by deterring futu
• DeRosa v. Rambosk
  732 F. Supp. 2d 1285· M.D. Fla.· 2010-08-11 ·cited 4×
  The court held that Deputy George was entitled to qualified immunity for the initial traffic stop and the subsequent arrests, as he had probable cause or arguable probable cause for the actions taken. The court also found that the plaintiffs' claims based on excessive force and u
• Sauve v. Lamberti
  597 F. Supp. 2d 1312· S.D. Fla.· 2008-12-01 ·cited 4×
  The court held that genuine disputes of material fact preclude summary judgment for both defendants regarding the plaintiff's claim of deliberate indifference to serious medical needs.
• Kenny A. v. Sonny Perdue
  547 F.3d 1319· 11th Cir.· 2008-11-05 ·cited 4×
  The Eleventh Circuit denied rehearing en banc, affirming the district court's discretion to enhance attorney's fees in exceptional cases based on superior performance and results, provided specific evidence supports the enhancement. The court rejected arguments that existing prec
• Penelope Lankheim v. Fla. Atl. Univ.
  992 So. 2d 828· Fla. 4th DCA· 2008-09-24 ·cited 4×
  Penelope Lankheim, a registered student at Palm Beach Community College (PBCC) attending classes on FAU's campus, appealed summary judgment dismissing her claim for injunctive relief challenging trespass warnings issued against her by Florida Atlantic University. The court held t
• McNa v. Commc'ns Inter-Local Agency
  551 F. Supp. 2d 1343· M.D. Fla.· 2008-03-12 ·cited 4×
  The court held that the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) provide exclusive remedies, thus barring claims under 42 U.S.C. § 1983 based on those statutes, and that the plaintiff failed to sufficiently plead an Equal Protection cl
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Owaki v. City of Miami
  491 F. Supp. 2d 1140· S.D. Fla.· 2007-06-21 ·cited 4×
  The court held that the police officers had arguable probable cause and probable cause to arrest the plaintiff, entitling them to qualified immunity and granting summary judgment.
• C.L.B. v. Frye
  469 F. Supp. 2d 1115· M.D. Fla.· 2006-12-01 ·cited 4×
  The court held that the 'last-served rule' applies to determining the timeliness of removal when multiple defendants are involved, granting each defendant thirty days from their individual service to join in a removal petition.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Tague v. Fla. Fish & Wildlife Conservation Comm'n
  390 F. Supp. 2d 1195· M.D. Fla.· 2005-05-25 ·cited 4×
  The court held that Officer Gier is entitled to qualified immunity because the plaintiff had no clearly established right to operate a seaplane in a manatee slow speed zone, and the FFWCC is immune from suit under the Eleventh Amendment.
• Escobar v. Crosby
  363 F. Supp. 2d 1361· S.D. Fla.· 2005-03-22 ·cited 4×
  The court held that a prisoner must exhaust available administrative remedies before filing a federal civil rights suit, and failure to do so mandates dismissal.
• Wexler v. Lepore
  342 F. Supp. 2d 1097· S.D. Fla.· 2004-10-25 ·cited 4×
  The court held that the emergency rule establishing manual recount procedures for touchscreen voting systems did not violate equal protection or due process, as it provided uniform standards for determining voter intent in undervotes.
• Mark v. Clemons
  870 So. 2d 881· Fla. 1st DCA· 2004-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  Appellant obtained a judgment against two Game and Fresh Water Fish Commission officers for federal civil rights violations under 42 U.S.C. § 1983 and sought payment from Florida's State Risk Management Trust Fund. The trial court dismissed the claim based on an exclusion for int
• Jerelds v. City of Orlando
  194 F. Supp. 2d 1305· M.D. Fla.· 2002-03-27 ·cited 4×
  The court held that prevailing party attorney's fees are recoverable against plaintiffs under 42 U.S.C. § 1988 and 42 U.S.C. § 2000e-5(k) because their claims were frivolous, unreasonable, and without foundation, but sanctions under 28 U.S.C. § 1927 were not warranted against cou