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

• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Chapman v. Morton Laitner
  809 So. 2d 51· Fla. 3d DCA· 2002-02-06 ·cited 4×
  Linda Rice Chapman appealed from a summary judgment dismissing her federal civil rights claim under 42 U.S.C. § 1983 against Morton Laitner and from an award of attorney's fees to Laitner. The court affirmed the summary judgment but reversed the attorney's fees award under state
• Moody v. City OF KEY W.
  805 So. 2d 1018· Fla. 3d DCA· 2001-12-26 ·cited 4×
  This case involves an appeal from a summary judgment granted in favor of the City of Key West and its police officers. The plaintiffs alleged violations of 42 U.S.C. § 1983 and common law torts, including unlawful entry, wrongful arrest, and excessive force. The appellate court a
• Owens v. City of Fort Lauderdale
  174 F. Supp. 2d 1282· S.D. Fla.· 2001-09-20 ·cited 4×
  The court granted summary judgment for the City, finding that the officers' actions in restraining the individual did not constitute excessive force as a matter of law and that the officers were acting under color of state law.
• Card v. Miami-Dade Cnty. Fla.
  147 F. Supp. 2d 1334· S.D. Fla.· 2001-05-29 ·cited 4×
  Forest Card sued Miami-Dade County for false imprisonment and civil rights violations under 42 U.S.C. § 1983 after being detained for 27 days pending a court-ordered psychiatric evaluation that was never performed. The district court granted summary judgment for the County on bot
• Cramer v. Chiles
  33 F. Supp. 2d 1342· S.D. Fla.· 1999-01-08 ·cited 4×
  The court held that state officials are not immune from suit under the Eleventh Amendment for prospective injunctive relief to enforce Medicaid law, and that certain Medicaid provisions create an enforceable private right of action under 42 U.S.C. § 1983.
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Smith v. City of Plantation
  19 F. Supp. 2d 1323· S.D. Fla.· 1998-08-11 ·cited 4×
  The court held that the plaintiff failed to establish a constitutional violation under 42 U.S.C. § 1983 and that Florida's Public Duty Doctrine and sovereign immunity barred the state law tort claims.
• Rowe v. City of Fort Lauderdale
  8 F. Supp. 2d 1369· S.D. Fla.· 1998-05-06 ·cited 4×
  The court granted most motions to dismiss, finding various claims barred by statutes of limitations, immunity doctrines, or failure to state a claim, while denying motions to strike punitive damages demands.
• Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty.
  959 F. Supp. 1481· M.D. Fla.· 1997-02-03 ·cited 4×
  The court held that while a heightened pleading standard does not apply to § 1983 claims against local governments, it does apply to claims against individual officials in their individual capacities, and that the plaintiff failed to allege a clearly established constitutional ri
• Senior v. Cristobal Reyes
  677 So. 2d 1293· Fla. 4th DCA· 1996-06-19 ·cited 4×
  Garcia appealed the dismissal of a count alleging violation of familial association rights under 42 U.S.C. § 1983 after he was arrested and imprisoned for thirty months based on an entrapment scheme. The Fourth DCA affirmed the dismissal, holding that Florida recognizes no cause
• Johnson v. City of Fort Lauderdale
  903 F. Supp. 1520· S.D. Fla.· 1995-09-20 ·cited 4×
  The 1991 amendments to the Civil Rights Act did not preclude an aggrieved party from concurrently bringing an action under 42 U.S.C. § 1983 for a violation of their rights under 42 U.S.C. § 1981, and the Sea Clammers doctrine does not bar § 1983 claims for independent constitutio
• Rosado v. Curtis
  885 F. Supp. 1538· M.D. Fla.· 1995-02-27 ·cited 4×
  The court granted summary judgment for the defendants, finding no private right of action for certain federal criminal statutes, failure to state claims under various civil rights statutes and constitutional amendments, and that sovereign immunity and qualified immunity barred th
• New Port Largo, Inc. v. Monroe Cnty.
  873 F. Supp. 633· S.D. Fla.· 1994-12-21 ·cited 4×
  The court held that the plaintiff's Fifth Amendment takings claim was not ripe because it failed to exhaust state remedies for inverse condemnation. However, the due process claims were ripe.
• Lawrence v. Metro Dade Cnty.
  872 F. Supp. 957· S.D. Fla.· 1994-11-17 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to establish that the County had a custom or policy of excluding women from specialized units, and therefore, the County could not be held liable under 42 U.S.C. § 1983.
• Fletcher v. State
  858 F. Supp. 169· M.D. Fla.· 1994-07-01 ·cited 4×
  The court granted defendants' motions to dismiss, finding that most claims failed to state a claim upon which relief could be granted or were barred by statute of limitations or immunity, while allowing leave to amend for some claims.
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Hy Kom Dev. Co. v. Manatee Cnty.
  837 F. Supp. 1182· M.D. Fla.· 1993-11-16 ·cited 4×
  The court held that the plaintiff had sufficiently alleged a property interest in its building permit to be accorded Section 1983 protection, and that genuine issues of material fact precluded summary judgment.
• Morris v. Crow
  825 F. Supp. 295· M.D. Fla.· 1993-06-23 ·cited 4×
  The court denied motions to dismiss civil rights claims and individual punitive damages claims, but granted dismissal of official capacity punitive damages claims, deferring the ruling on injunctive relief.
• Ward v. Hickey
  996 F.2d 448· 1st Cir.· 1993-06-15 ·cited 4×
  The court held that a teacher waived her right to a jury determination on the notice issue by failing to request a special interrogatory, and that the district court erred in applying the interrelated claims doctrine to deny attorneys' fees.
• Portman v. Cnty. OF Santa Clara
  995 F.2d 898· 9th Cir.· 1993-06-09 ·cited 4×
  The court held that the public defender lacked standing to assert his clients' Sixth Amendment rights because those claims were not ripe, and he had no constitutionally protected property interest in his job as an at-will employee.
• Taxpayers United FOR Assessment Cuts v. Austin
  994 F.2d 291· 6th Cir.· 1993-06-01 ·cited 4×
  The court held that while a state creating an initiative procedure must adhere to constitutional limits, Michigan's specific procedures for verifying petition signatures did not violate the First or Fourteenth Amendments.
• Ritter v. Ross
  992 F.2d 750· 7th Cir.· 1993-05-07 ·cited 4×
  The court held that federal district courts lack subject matter jurisdiction to review state court judgments, even when framed as civil rights claims, under the Rooker-Feldman doctrine.
• Heath v. DeCOURCY
  992 F.2d 630· 6th Cir.· 1993-04-30 ·cited 4×
  The court held that the district court abused its discretion by terminating supervision and modifying consent decrees without proper procedure and consideration of relevant factors.
• Raske v. Dugger
  819 F. Supp. 1046· M.D. Fla.· 1993-04-20 ·cited 4×
  The court granted defendants' motion for summary judgment in part, finding plaintiff's allegations of conspiracy and constitutional violations to be vague and conclusory, but deferred ruling on a specific gaintime calculation issue.
• Baker v. The Bd. OF Regents OF the State of Kan. & Univ. of Kan. Med. School-School of Med.
  991 F.2d 628· 10th Cir.· 1993-04-12 ·cited 4×
  The court held that the appellant's federal claims were barred by the two-year statute of limitations, and the trial court did not err in dismissing the state law contract claim.
• Krueger v. Fuhr
  991 F.2d 435· 8th Cir.· 1993-04-09 ·cited 4×
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, and therefore summary judgment should have been granted in his favor.
• Spann v. Police Officer A.G. Rainey
  987 F.2d 1110· 5th Cir.· 1993-03-25 ·cited 4×
  The court held that it lacked jurisdiction over Spann's appeals due to untimely notices of appeal, but had jurisdiction over Rainey's interlocutory appeal from the denial of qualified immunity and affirmed that denial.
• Leon v. Murphy
  988 F.2d 303· 2d Cir.· 1993-03-05 ·cited 4×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and that his conspiracy claims lacked sufficient factual support to withstand summary judgment.
• Holder v. City OF Allentown
  987 F.2d 188· 3d Cir.· 1993-03-04 ·cited 4×
  The court held that a public employee's amended complaint stated a claim for retaliation under the First Amendment when alleging discriminatory enforcement of a mandatory ordinance, even if the ordinance itself was facially neutral.
• Langley v. Adams Cnty.
  987 F.2d 1473· 10th Cir.· 1993-03-03 ·cited 4×
  The court held that qualified immunity was properly denied for claims based on First Amendment violations and due process, but was improperly denied for claims based on conspiracy and for certain defendants on the First Amendment and due process claims.
• Est. OF Helen Smith v. City OF Hollywood
  615 So. 2d 204· Fla. 4th DCA· 1993-03-03 ·cited 4×
• Isakson v. First Nat'l Bank
  985 F.2d 984· 8th Cir.· 1993-02-16 ·cited 4×
  The court held that the district court did not err in dismissing the § 1983 complaint and imposing sanctions, as the appellants failed to state a claim and the judges were entitled to judicial immunity.
• O'Connor v. Chicago Transit Auth.
  985 F.2d 1362· 7th Cir.· 1993-02-12 ·cited 4×
  The court held that while the district court erred in applying qualified immunity, summary judgment for the defendants is affirmed on alternative grounds because the plaintiff failed to establish that his protected speech was a substantial or motivating factor in his suspension a
• Ronny J. Sanders v. Sears
  984 F.2d 972· 8th Cir.· 1993-02-02 ·cited 4×
  The court held that collateral estoppel did not bar Sanders' § 1983 claim because the issue of probable cause for arrest was not litigated in the state criminal trial, but affirmed dismissal of the § 1983 claim against Sears and Geiger on other grounds, while vacating dismissal o
• Diaz v. Shallbetter
  984 F.2d 850· 7th Cir.· 1993-01-28 ·cited 4×
  The court held that the amended version of Fed.R.Civ.P. 15(c) should be applied retroactively to cases pending on appeal, as indicated by the Supreme Court's order.
• Bonita H. Regan v. Boogertman
  984 F.2d 577· 2d Cir.· 1993-01-26 ·cited 4×
  A public employee in a policymaking position can be dismissed based on political affiliation, as partisan loyalty is an appropriate consideration for effective job performance.
• Hawkins v. Risley
  984 F.2d 321· 9th Cir.· 1993-01-25 ·cited 4×
  A prior federal habeas corpus decision can have preclusive effect in a subsequent 42 U.S.C. § 1983 action.
• Pembroke v. Wood Cnty.
  981 F.2d 225· 5th Cir.· 1993-01-20 ·cited 4×
  The court held that while the claim for declaratory relief was moot due to remedied conditions, the plaintiffs were prevailing parties entitled to attorney's fees because their lawsuit caused the jail to improve its unconstitutional conditions.
• Kane v. P.K. Hargis
  987 F.2d 1005· 4th Cir.· 1993-01-14 ·cited 4×
  The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
• Yeager v. City of McGREGOR
  980 F.2d 337· 5th Cir.· 1993-01-05 ·cited 4×
  The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
• Adkins v. Bd. OF Educ. OF Magoffin Cnty.
  982 F.2d 952· 6th Cir.· 1993-01-05 ·cited 4×
  The court held that the superintendent's refusal to recommend plaintiff for continued employment based on her marriage violated her First Amendment right to association, and the directed verdict was error. However, the school board was immune from suit.
• Gentry Slone v. Herman
  983 F.2d 107· 8th Cir.· 1993-01-04 ·cited 4×
  The court held that prison officials are not entitled to qualified immunity when they refuse to obey a final and nonappealable court order to release a prisoner, as this violates a clearly established liberty interest.
• Carter v. Thompson
  808 F. Supp. 1548· M.D. Fla.· 1992-12-16 ·cited 4×
  Summary judgment is granted for defendants on most claims, but denied on the claim that the plaintiff was denied a form to appeal his disciplinary confinement sentence, as a genuine issue of material fact exists.
• Angarita v. ST. Louis Cnty.
  981 F.2d 1537· 8th Cir.· 1992-12-09 ·cited 4×
  The court held that the evidence was sufficient to support the jury's finding that the appellees' resignations were involuntarily extracted, thus overcoming the presumption of voluntariness, and that sufficient evidence existed to hold Kleinknecht and St. Louis County liable unde
• Watson v. Jones
  980 F.2d 1165· 8th Cir.· 1992-12-01 ·cited 4×
  The court held that a material factual dispute existed regarding whether the defendant correctional officer subjected the plaintiffs to sexually harassing and physically intrusive pat-down searches.
• Tex. Catastrophe Prop. Ins. Ass'n v. Morales
  975 F.2d 1178· 5th Cir.· 1992-10-28 ·cited 4×
  The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
• Washington v. Newsom
  977 F.2d 991· 6th Cir.· 1992-10-15 ·cited 4×
  The court held that there is a genuine issue of material fact regarding whether the officers' use of deadly force against the fleeing suspect violated clearly established constitutional rights, thus precluding summary judgment based on qualified immunity.
• Peura v. Mala
  977 F.2d 484· 9th Cir.· 1992-10-09 ·cited 4×
  The court held that Alaska's Medicaid program did not contravene federal law by including a portion of child support payments and federal tax withholding in the calculation of a recipient's available income for healthcare cost contribution.
• Pedro-Cos v. Blas Contreras
  976 F.2d 83· 1st Cir.· 1992-09-30 ·cited 4×
  The court held that a plaintiff who has not resigned from employment cannot establish a claim for constructive discharge, even if the transfer was politically motivated and onerous.