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

• Wilkinson v. Forst
  832 F.2d 1330· 2d Cir.· 1987-11-09 ·cited 3×
  The court held that while indiscriminate pat-down searches at Klan rallies are intrusive, the state's interest in preventing violence justifies such searches when there is a demonstrated history of violence and anticipated confrontation, and that the lower court gave inadequate w
• Mitson v. Coler
  670 F. Supp. 1568· S.D. Fla.· 1987-10-05 ·cited 3×
  The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
• Carver v. Casey
  669 F. Supp. 412· S.D. Fla.· 1987-08-21 ·cited 3×
  The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
• Brown v. Hous. Auth. OF the City OF McRAE
  820 F.2d 350· 11th Cir.· 1987-06-24 ·cited 3×
  The court held that the district court's judgment must be reversed in light of a Supreme Court decision and remanded for reconsideration.
• Washington v. Tensas Parish Sch. Bd.
  819 F.2d 609· 5th Cir.· 1987-06-23 ·cited 3×
  The court affirmed the district court's approval of a reapportionment plan, holding that it did not dilute minority voting strength and complied with constitutional and statutory requirements.
• Gaut v. Sunn
  810 F.2d 923· 9th Cir.· 1987-02-20 ·cited 3×
  Prison beatings that shock the conscience are actionable under 42 U.S.C. § 1983, but a mere threat of bodily harm, even to deter legal action, is not.
• Owens v. Herb Maschner
  811 F.2d 1365· 10th Cir.· 1987-02-17 ·cited 3×
  The court held that the plaintiff's allegations may be sufficient to state a claim for relief under 42 U.S.C. § 1983, and the district court erred in dismissing the action.
• Nail v. The Cmty. Action Agency OF Calhoun Cnty.
  805 F.2d 1500· 11th Cir.· 1986-12-16 ·cited 3×
  The court held that the plaintiff failed to demonstrate that her employer, a private non-profit corporation, acted under color of state law when discharging her, thus affirming the dismissal of her § 1983 claim.
• Hooshang Kadivar, M.D. v. Stone
  804 F.2d 635· 11th Cir.· 1986-11-19 ·cited 3×
  The court held that the district court erred in dismissing Dr. Kadivar's complaint against the state attorneys and Lawrence on grounds of absolute immunity, and erred in dismissing the complaint against Spooner for failure to plead facts supporting conspiracy.
• Hynes v. Pasco Cnty.
  801 F.2d 1269· 11th Cir.· 1986-10-14 ·cited 3×
  The court held that the revocation of a building permit following a zoning appeal does not violate due process, as federal courts will not act as zoning review boards.
• Eitel v. Verla Sue Holland
  798 F.2d 815· 5th Cir.· 1986-08-29 ·cited 3×
  The court held that abstention was appropriate for Eitel's § 1983 claim against the attorneys because it was inextricably intertwined with the state court proceedings.
• Shuttleworth v. Broward Cnty.
  639 F. Supp. 654· S.D. Fla.· 1986-07-08 ·cited 3×
  The court held that exhaustion of administrative remedies is not required for claims under Section 504 of the Rehabilitation Act, and that claims under Section 1983 are not precluded by the Rehabilitation Act. The court also found that the plaintiff met Florida's statutory notice
• Goss v. Mem'l Hosp. Sys.
  789 F.2d 353· 5th Cir.· 1986-05-14 ·cited 3×
  The court held that the hospitals' suspension of a physician's staff privileges, based on competency concerns and lacking market power, did not violate the Sherman Act, and the physician's due process claim failed due to lack of state action.
• Ward v. Downtown Dev. Auth.
  786 F.2d 1526· 11th Cir.· 1986-04-21 ·cited 3×
  The court held that a tenancy at will is a compensable property interest under the Fifth Amendment, and that a state-created property interest can form the basis for a § 1983 claim for due process and equal protection violations.
• Berry v. The Bd. OF Supervisors OF La. State Univ. & Agric. & Mech. Coll.
  783 F.2d 1270· 5th Cir.· 1986-03-05 ·cited 3×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish a continuing violation for her Title VII claim and did not prove her Equal Pay Act claim after trial.
• Sherman v. Babbitt
  772 F.2d 1476· 9th Cir.· 1985-10-03 ·cited 3×
  The court held that a judge has absolute immunity for acts within their judicial capacity, and the Arizona financial responsibility law does not violate the Fourth or Fifth Amendments.
• Saunders v. State OF R.I.
  731 F.2d 81· 1st Cir.· 1984-03-30 ·cited 3×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the jury's answers to interrogatories were inconsistent with each other and the general verdict, requiring a new trial, and that the jury instructions were incomplete due to the timing of the certification of questions to the state supreme court.
• Taylor v. First Wyo. Bank, N.A.
  707 F.2d 388· 9th Cir.· 1983-05-23 ·cited 3×
  The court held that the actions of a court-appointed guardian in placing a ward in a convalescent hospital do not constitute action taken under color of state law for purposes of a 42 U.S.C. § 1983 claim.
• Venuti v. Riordan
  702 F.2d 6· 1st Cir.· 1983-03-07 ·cited 3×
  The court held that the district court did not abuse its discretion in awarding attorney's fees against the city and in refusing to include costs for related administrative and criminal proceedings.
• Omasta v. Louie L. Wainwright
  696 F.2d 1304· 11th Cir.· 1983-01-31 ·cited 3×
  Incarceration pursuant to a presumptively valid judgment and commitment order does not implicate the Thirteenth Amendment's prohibition against involuntary servitude, even if the conviction is later reversed.
• Quarles v. Lenwood Sager
  687 F.2d 344· 11th Cir.· 1982-09-27 ·cited 3×
  The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
• South Florida Free Beaches v. City of Miami
  548 F. Supp. 53· S.D. Fla.· 1982-09-03 ·cited 3×
  The court held that nude sunbathing is not constitutionally protected expression and that while some ordinances and statutes were constitutional as applied, a portion of Florida Statute 877.03 was unconstitutionally overbroad.
• Brown v. Miller
  631 F.2d 413· 5th Cir.· 1980-11-26 ·cited 3×
  The court vacated the district court's order regarding attorney's fees and remanded for a new determination.
• Nat'l Bank OF Commerce OF SAN Antonio v. Marshall
  628 F.2d 474· 5th Cir.· 1980-10-22 ·cited 3×
  The court held that a district court that defers merits review pending administrative proceedings should dismiss the action unless the plaintiff will suffer irreparable harm from dismissal.
• Carr v. Bell
  492 F. Supp. 832· N.D. Fla.· 1980-06-18 ·cited 3×
  The court held that Deputy Bell and Johnny Huckaby are liable under § 1983 for violating Mr. Carr's constitutional rights, but Sheriff Cook is not.
• Burgess v. Miller
  492 F. Supp. 1284· N.D. Fla.· 1980-06-10 ·cited 3×
  The court held that under the extraordinary circumstances of a public employee strike and resulting emergency, the oral communications and warnings provided to the striking employees constituted sufficient pre-termination due process, despite the lack of formal written notice or
• Ark. State Hwy. Emps. Local 1315 v. Smith
  585 F.2d 876· 8th Cir.· 1978-10-10 ·cited 3×
  The court affirmed the district court's judgment that the grievance procedure, which prevents a union from filing grievances on behalf of its members, is unconstitutional.
• Patricia A. Fugitt (Patricia Craig Stewart) v. Jones
  549 F.2d 1001· 5th Cir.· 1977-04-01 ·cited 3×
  The court held that a judgment entered on inconsistent special verdict answers is reversible error, even if the party did not timely object to the inconsistency.
• Beecher v. Baxley
  549 F.2d 974· 5th Cir.· 1977-03-30 ·cited 3×
  A state criminal defendant is not entitled to federal injunctive or declaratory relief from a fourth prosecution after three prior convictions were reversed due to constitutional infirmities, absent a showing of bad faith or harassment.
• United States ex rel. James "Doc" Bailey v. Reubin O'D. Askew and Louie Wainwright
  486 F.2d 134· 5th Cir.· 1973-10-19 ·cited 3×
  State officials acting within their judicial roles or carrying out court orders are immune from § 1983 damages actions.
• Melton v. Corley R. Young
  465 F.2d 1332· 6th Cir.· 1972-08-30 ·cited 3×·via 42 U.S.C. § 1983 Civil Rights Action
  A school regulation prohibiting 'provocative symbols' on clothing is unconstitutionally vague and cannot justify suspending a student for wearing a Confederate flag patch.
• Shields v. Kunkel
  442 F.2d 409· 9th Cir.· 1971-05-10 ·cited 3×
  Simple medical malpractice does not violate the Fourteenth Amendment and is not actionable under 42 U.S.C. § 1983.
• Perry v. Jones
  437 F.2d 759· 5th Cir.· 1971-01-15 ·cited 3×
  The court held that the petitioner failed to provide evidence of being denied access to the courts, despite allegations of interference with notarization and mailing.
• Gwathmey v. Town OF E. Hampton
  437 F.2d 351· 2d Cir.· 1970-12-24 ·cited 3×
  The court held that the statute is unconstitutional, rendering the convening of a three-judge court unnecessary and reversing the dismissal of the complaint.
• Kent v. J.B. Thornhill
  2021 WL 877698· M.D. Fla.· 2025-11-05 ·cited 2×
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint because it is frivolous and fails to state a claim upon which relief can be granted.
• King v. Sheriff Carmine Marceno
  2025 WL 676224· M.D. Fla.· 2025-11-04 ·cited 2×
  The court granted in part and denied in part the motion to dismiss, dismissing several claims with prejudice while allowing others to proceed.
• Barus v. City of Jacksonville
  285 F. Supp. 3d 648· M.D. Fla.· 2025-06-16 ·cited 2×
  The court held that a motion to strike an affirmative defense should be granted if the defense is patently frivolous or clearly invalid as a matter of law, but not if it can be treated as a denial or if factual support can be obtained through discovery.
• Jones v. Ceinski
  136 F.4th 1057· 11th Cir.· 2025-05-08 ·cited 2×
  The court held that an officer who choked and punched a subdued driver, after the driver no longer posed a threat, used excessive force in violation of the Fourth Amendment, and was not entitled to qualified immunity.
• Ayala v. Lee Cnty. Sheriff Dep't
  2021 WL 5043389· M.D. Fla.· 2025-02-06 ·cited 2×
  A case may be dismissed if plaintiffs fail to provide updated contact information and cannot be reached.
• Smitherman v. Quaintance
  2019 WL 13175091· M.D. Fla.· 2024-12-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that defendants failed to demonstrate clear error or manifest injustice to warrant reconsideration of the prior order denying dismissal based on the statute of limitations, as the claims for unlawful search and seizure were subject to the deferred accrual rule of H
• Hearns v. Hale
  2020 WL 4756761· N.D. Fla.· 2024-10-28 ·cited 2×
  A prisoner's civil rights complaint challenging the validity of his conviction is barred by Heck v. Humphrey and Preiser v. Rodriguez, and must be dismissed.
• Short v. Nelson
  2010 WL 3237822· N.D. Fla.· 2024-10-21 ·cited 2×
  The court held that the plaintiff's filing, styled as a 'Notice of Action,' should be dismissed as frivolous under the Prison Litigation Reform Act because it lacks an arguable basis in law or fact and fails to comply with procedural rules.
• Marques Johnson v. Dunn
  91 F.4th 1114· 11th Cir.· 2024-01-30 ·cited 2×
  Deputy Sheriff James Dunn pulled over Marques Johnson's father for a traffic violation and demanded that Johnson, a passenger in the vehicle, identify himself; when Johnson refused, Dunn arrested him for resisting an officer without violence under Florida law. The Eleventh Circui
• McGowan v. Treasure Coast Forensic Treatment Ctr.
  2021 WL 2944462· S.D. Fla.· 2023-06-30 ·cited 2×
  The court held that the pro se plaintiff's complaint failed to state a claim against the defendant treatment center because it alleged only a single incident and did not plead a policy or custom, and failed to name individual defendants.
• Dorey v. Hartmann
  2012 WL 4049438· M.D. Fla.· 2022-06-21 ·cited 2×
  The court held that the plaintiff's complaint, alleging excessive force and constitutional violations, was dismissed without prejudice because it failed to state a claim with sufficient factual allegations and improperly invoked the Eighth and Fourteenth Amendments instead of the
• Newcome v. Hernando Cnty. Sheriff's Off.
  M.D. Fla.· 2022-02-02 ·cited 2×
  The court held that the Hernando County Sheriff's Office is not a suable entity and dismissed claims against it, while also dismissing various other claims for failure to state a claim or due to shotgun pleading, granting leave to amend.
• Cromartie v. Bradfield Shealy
  941 F.3d 1244· 11th Cir.· 2019-10-30 ·cited 2×
  The Eleventh Circuit affirmed the district court's dismissal of the § 1983 complaint and denial of the stay of execution, finding Georgia's postconviction DNA testing statute constitutional.
• Oniasse v. Hernandez
  112 La. 628· M.D. Fla.· 2018-12-03 ·cited 2×
  The court granted summary judgment for the defendant Deputy Sheriff on the federal claims, finding no genuine dispute of material fact regarding probable cause for arrest or excessive force, and declined to exercise supplemental jurisdiction over the state law claims.
• Young v. Borders
  850 F.3d 1274· 11th Cir.· 2017-03-16 ·cited 2×
  The dissenting judges argue that the police's actions constituted clear constitutional violations. They contend that the use of deadly force against Mr. Scott was unreasonable and that the police tactics exceeded the permissible scope of a 'knock and talk,' transforming the encou
• Alverna Brown v. Jenne
  122 So. 3d 881· Fla. 4th DCA· 2012-08-01 ·cited 2×
  The estate of Oral George Brown appealed summary judgments granted on qualified immunity to five BSO officers and four BCFR personnel involved in responding to and treating the deceased after a vehicle rollover crash. The court reversed as to BSO officers, finding that a jury que