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

• Sanchez v. Obando-Echeverry
  716 F. Supp. 2d 1195· S.D. Fla.· 2010-03-31 ·cited 3×
  The court held that the force used by police officers during the arrest was objectively reasonable and not excessive, entitling the defendant county to summary judgment on the battery claim.
• Am. Fed'n of Labor-Congress of Indus. Orgs. v. City of Miami
  650 F. Supp. 2d 1258· S.D. Fla.· 2009-09-02 ·cited 3×
  The court granted summary judgment for the defendants on the plaintiffs' First Amendment claims (Counts 1 and 3) and failure to train/supervise claims (Count 4), finding no genuine issues of material fact regarding city policy or deliberate indifference.
• Jimmy T. and Nancy A. Bauknight v. Monroe Cnty.
  994 So. 2d 362· Fla. 3d DCA· 2008-09-17 ·cited 3×
  Property owners appealed a summary judgment dismissing their temporary inverse condemnation claims after Monroe County delayed issuing building permits for six years due to inadequate highway level of service. The court affirmed, holding that the owners' failure to apply for reli
• Trammell v. Thomason
  559 F. Supp. 2d 1281· M.D. Fla.· 2008-06-03 ·cited 3×
  The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• Island Silver & Spice, Inc. v. Islamorada
  475 F. Supp. 2d 1281· S.D. Fla.· 2007-02-28 ·cited 3×
  The court held that the Village's Formula Retail Ordinance violates the Dormant Commerce Clause because its practical effect discriminates against interstate commerce by favoring local businesses and lacks a legitimate local purpose.
• City OF KEY W. v. Knowles
  948 So. 2d 58· Fla. 3d DCA· 2007-01-10 ·cited 3×
  The Florida District Court of Appeal reversed a jury verdict awarding damages to a widow for a violation of her civil rights. The court held that she did not have a constitutionally protected property interest in her deceased husband's remains after they were lawfully buried, whi
• In re Sinaltrainal Litigation
  474 F. Supp. 2d 1273· S.D. Fla.· 2006-09-29 ·cited 3×
  The court held that the plaintiffs' allegations were too conclusory, vague, and attenuated to adequately plead a violation of the law of nations, thus the court lacked subject matter jurisdiction under the Alien Tort Claims Act.
• N. River Ins. v. Broward Cnty. Sheriff's Off.
  428 F. Supp. 2d 1284· S.D. Fla.· 2006-04-21 ·cited 3×
  The court held that the insurer has no duty to defend because the alleged injuries (false imprisonment, malicious prosecution) occurred outside the policy period, as the 'trigger' for coverage is when the injury first manifested, not when the insured was exonerated.
• Walker v. Prieto
  414 F. Supp. 2d 1148· S.D. Fla.· 2006-02-03 ·cited 3×
  The court held that the officer was entitled to qualified immunity because the plaintiff failed to allege facts showing a violation of a clearly established constitutional right, and the state law claims were dismissed for lack of jurisdiction.
• Schiavo v. Schiavo
  404 F.3d 1270· 11th Cir.· 2005-03-30 ·cited 3×
  The special concurrence argues that Public Law 109-3 is unconstitutional because it violates the separation of powers doctrine by dictating how federal courts should exercise their judicial functions, prescribing a "rule of decision" for a specific case, and infringing upon the i
• Vickers v. Egbert
  359 F. Supp. 2d 1358· S.D. Fla.· 2005-02-25 ·cited 3×
  The court held that the challenged fishing regulations were rationally related to legitimate state interests and did not violate due process or equal protection rights. The plaintiff failed to demonstrate arbitrary or discriminatory treatment.
• Friedman v. Snipes
  345 F. Supp. 2d 1356· S.D. Fla.· 2004-11-09 ·cited 3×
  The court denied the motion for a preliminary injunction because the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their claims regarding absentee ballot delivery and counting.
• Hershell Gill Consulting Eng'rs, Inc. v. Miami-Dade Cnty.
  333 F. Supp. 2d 1305· S.D. Fla.· 2004-08-24 ·cited 3×
  The court held that Miami-Dade County's MWBE programs are unconstitutional as applied to A&E contracts and will be permanently enjoined. Commissioners are immune for past votes but liable for damages due to clearly established law. Plaintiffs are awarded nominal damages and attor
• Wexler v. Lepore
  319 F. Supp. 2d 1354· S.D. Fla.· 2004-05-24 ·cited 3×
  The court held that Younger abstention applies, requiring dismissal of the federal complaint due to ongoing state proceedings concerning the same issues.
• Hall v. Stewart
  297 F. Supp. 2d 1328· S.D. Fla.· 2004-01-16 ·cited 3×
  Defendants are entitled to qualified immunity because the plaintiffs failed to show that the law clearly established an 'offensiveness to others' element for lewdness under Fla. Stat. § 796.07 at the time of the arrests.
• Osterback v. Kemp
  300 F. Supp. 2d 1238· N.D. Fla.· 2003-10-15 ·cited 3×
  The court held that the first transfer was reasonably related to legitimate penological interests and thus not unconstitutional, while the second transfer presented a triable issue of fact. Qualified immunity applied to the damages claim for the second transfer.
• Dahl v. Eckerd Fam. Youth Alternatives, Inc.
  843 So. 2d 956· Fla. 2d DCA· 2003-04-16 ·cited 3×
  A psychologist employed by a private contractor operating a state juvenile facility was fired after reporting alleged abuse and regulatory violations to state investigators. The court held that she could pursue her whistleblower claim under Florida's private-sector whistleblower
• Epstein v. Toys-R-Us Del., Inc.
  277 F. Supp. 2d 1266· S.D. Fla.· 2003-04-14 ·cited 3×
  The court held that the officers had probable cause to arrest the plaintiff for disorderly conduct, trespass, or resisting arrest without violence, entitling the defendants to summary judgment on the false arrest claims.
• Cannon v. Lindsey
  243 F. Supp. 2d 1339· M.D. Fla.· 2003-01-14 ·cited 3×
  The court held that the defendants are not entitled to qualified immunity at the motion to dismiss stage because the plaintiff adequately pleaded a constitutional violation of a clearly established right, and the statute of limitations issue is not ripe for resolution.
• Moreland v. Miami-Dade Cnty.
  255 F. Supp. 2d 1304· S.D. Fla.· 2002-11-13 ·cited 3×
  Summary judgment is granted for the defendant on federal and state racial discrimination claims and procedural due process claims, as the plaintiff failed to establish a prima facie case and show pretext, and adequate state remedies existed.
• Johnson v. Bush
  214 F. Supp. 2d 1333· S.D. Fla.· 2002-07-18 ·cited 3×
  Florida's felon disenfranchisement law does not violate the Fourteenth Amendment, the First Amendment, or Section 2 of the Voting Rights Act, and the restitution payment requirement is not an unconstitutional poll tax.
• Fernandez v. City of Cooper City
  207 F. Supp. 2d 1371· S.D. Fla.· 2002-05-10 ·cited 3×
  The court held that the officers were entitled to qualified immunity as their use of force was objectively reasonable, and the City was entitled to summary judgment on all counts.
• Tindall v. Gibbons
  156 F. Supp. 2d 1292· M.D. Fla.· 2001-08-14 ·cited 3×
  The court held that Count I would be stayed, Counts II and III were dismissed for failure to state a claim, and Count IV was dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.
• Gainer v. City of Winter Haven
  170 F. Supp. 2d 1225· M.D. Fla.· 2001-06-13 ·cited 3×
  The court held that the plaintiffs' First Amendment claims failed because their speech was not a matter of public concern or did not play a substantial part in their termination, and their procedural due process claims failed due to adequate state remedies.
• Palermo v. Corr. Med. Servs. Inc.
  133 F. Supp. 2d 1348· S.D. Fla.· 2001-04-03 ·cited 3×
  Summary judgment is granted for most claims, except for Freddie Mills's claims against CMS and Dr. Fisher, which will proceed to oral argument.
• Mills v. Town of Davie
  48 F. Supp. 2d 1378· S.D. Fla.· 1999-05-06 ·cited 3×
  The court held that the "show-up" identification was reasonably reliable and circumstantial inconsistencies were insufficient to discount it, establishing probable cause for the arrest.
• Rice-Lamar v. City of Fort Lauderdale
  54 F. Supp. 2d 1137· S.D. Fla.· 1998-11-25 ·cited 3×
  Summary judgment was granted for the defendants because the plaintiff's speech was not protected by the First Amendment as it impeded the employer's efficiency, and her discrimination claims failed as the employer's actions were based on insubordination, not race or gender.
• Becker v. Clark
  722 So. 2d 232· Fla. 2d DCA· 1998-11-25 ·cited 3×
  Michael Becker, a district administrator for the Department of Health and Rehabilitative Services (HRS), challenged the trial court's denial of his qualified immunity defense in a civil rights action brought by Lisa Clark. The appellate court reversed, holding that Becker was ent
• Villanueva v. City of Fort Pierce
  24 F. Supp. 2d 1364· S.D. Fla.· 1998-10-20 ·cited 3×
  Summary judgment was granted for the defendants because the plaintiff failed to establish a genuine issue of material fact regarding discriminatory policy, pretext, or clearly established law violations, and the chief was not a final policymaker.
• Cason Enters., Inc. v. Metro. Dade Cnty.
  20 F. Supp. 2d 1331· S.D. Fla.· 1998-08-11 ·cited 3×
  The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants.
• Andre v. Castor
  963 F. Supp. 1158· M.D. Fla.· 1997-03-27 ·cited 3×
  The court held that the plaintiff sufficiently alleged claims for First and Fourth Amendment violations under 42 U.S.C. § 1983, and that certain defendants' actions could constitute causation, but dismissed claims against two defendants for lack of specific allegations.
• Raines v. State
  983 F. Supp. 1362· N.D. Fla.· 1997-03-21 ·cited 3×
  The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.
• Bensch v. Metro. Dade Cnty.
  952 F. Supp. 790· S.D. Fla.· 1996-12-16 ·cited 3×
  The court held that the inverse condemnation claim (Count II) was not ripe because plaintiffs failed to exhaust state remedies, and the trespass claim (Count III) was barred by the Eleventh Amendment. The court denied the motion to drop parties, but encouraged future motions to a
• Baggs v. City of S. Pasadena
  947 F. Supp. 1580· M.D. Fla.· 1996-11-25 ·cited 3×
  The court granted summary judgment for the defendant on federal claims, dismissing the procedural and substantive due process and equal protection claims, and remanded the state law claims.
• Mann v. Hillsborough Cnty. Sheriff's Off.
  946 F. Supp. 962· M.D. Fla.· 1996-11-25 ·cited 3×
  The court held that the Creasys' actions, even with deputy presence, did not constitute state action under § 1983, and thus granted their motion for summary judgment. The court also found that factual issues remained regarding the Sheriff's liability for failure to train and supe
• Ali v. City of Clearwater
  915 F. Supp. 1231· M.D. Fla.· 1996-02-07 ·cited 3×
  The court denied the City's motions for summary judgment on Counts I, II, III, and V, finding genuine issues of material fact regarding handicap discrimination, failure to accommodate, and equal protection violations.
• Eidson v. Arenas
  910 F. Supp. 609· M.D. Fla.· 1995-11-29 ·cited 3×
  The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted for violations of 42 U.S.C. § 1983, § 1985(3), RICO, and constitutional amendments, and also lacked subject matter jurisdiction.
• The City OF Hialeah v. Fernandez
  661 So. 2d 335· Fla. 3d DCA· 1995-09-27 ·cited 3×
  This § 1983 civil rights case addresses qualified immunity for police officers and a police chief accused of using excessive force during an arrest following a high-speed chase. The court held that the individual officers' actions did not violate clearly established law and thus
• Pontier v. City of Clearwater
  881 F. Supp. 1565· M.D. Fla.· 1995-04-13 ·cited 3×
  The court granted summary judgment for the defendants, finding the federal claims barred by the statute of limitations and lack of standing, and dismissing the state law claim for lack of pendent jurisdiction.
• F.M. v. Palm Beach Cnty.
  912 F. Supp. 514· S.D. Fla.· 1995-02-18 ·cited 3×
  A broad release stipulation, even if requiring judicial approval for some claims, is valid and bars all claims if interpreted to uphold the agreement.
• Dickerson v. Stuart
  877 F. Supp. 1556· M.D. Fla.· 1995-02-10 ·cited 3×
  The court held that Florida's Midwifery Practice Act is constitutional, not violating free exercise of religion, free speech, or being unconstitutionally vague or overbroad.
• Lucas v. Cannon
  848 F. Supp. 168· M.D. Fla.· 1994-03-29 ·cited 3×
  The court held that the plaintiff failed to state a cause of action against the defendant under Florida Statute § 768.28 and federal civil rights statutes.
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×
  The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
• Eidson v. Arenas
  837 F. Supp. 1158· M.D. Fla.· 1993-11-10 ·cited 3×
  The court held that the defendants, as private actors, did not act under color of state law, thus the court lacked subject matter jurisdiction for the federal claims and pendant jurisdiction for the state claims.
• L.S.T. Inc. v. Crow
  834 F. Supp. 1355· M.D. Fla.· 1993-10-05 ·cited 3×
  The court granted some motions to dismiss and for summary judgment, while denying others, based on federal pleading standards, statutory notice requirements, and the nature of the claims as federal or state law.
• Miner v. City OF Glens Falls
  999 F.2d 655· 2d Cir.· 1993-07-26 ·cited 3×
  The court held that while the district court improperly shifted the burden of proving causation, the plaintiff was entitled to a judgment as a matter of law on causation because he presented sufficient evidence at the summary judgment stage, and thus the damages award is affirmed
• Moore v. State OF Ind.
  999 F.2d 1125· 7th Cir.· 1993-07-20 ·cited 3×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
• Ippolito v. State
  824 F. Supp. 1562· M.D. Fla.· 1993-06-14 ·cited 3×
  The court held that the plaintiffs failed to state a cause of action under RICO and § 1983, and that various Florida entities and individuals were immune from suit.
• Reilly v. Waukesha Cnty.
  993 F.2d 1284· 7th Cir.· 1993-05-18 ·cited 3×
  The court affirmed the dismissal of federal claims but vacated the judgment on the state law claim, remanding it for further consideration or remand to state court.