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

• Cyber Zone E-Cafe, Inc. v. King
  782 F. Supp. 2d 1331· M.D. Fla.· 2011-03-22 ·cited 2×
  The court granted the State Attorney's motion to dismiss, finding that prosecutorial immunity, Eleventh Amendment immunity, qualified immunity, and Younger abstention barred the claims against him.
• S. Fla. Equitable Fund LLC v. City of Miami
  770 F. Supp. 2d 1269· S.D. Fla.· 2011-03-14 ·cited 2×
  The court held that SFEF's claims were not ripe for judicial review because SFEF failed to obtain a final decision from the City Commission and did not demonstrate hardship. The court also found the claims moot due to the enactment of a new zoning ordinance.
• Robbins v. City of Miami Beach
  769 F. Supp. 2d 1372· S.D. Fla.· 2011-01-20 ·cited 2×
  The court granted in part and denied in part the motions to dismiss, finding that while some assault and battery claims against an officer were dismissed for failure to state a claim, other claims, including excessive force and conspiracy, could proceed.
• Welch v. Theodorides-Bustle
  234 F. Supp. 171· N.D. Fla.· 2010-11-17 ·cited 2×
• Cohen v. World Omni Fin. Corp.
  751 F. Supp. 2d 1289· S.D. Fla.· 2010-10-20 ·cited 2×
  The court held that the plaintiff's 42 U.S.C. § 1983 claim was time-barred by the statute of limitations and that the defendant did not act under color of state law, thus granting summary judgment for the defendant.
• Fils v. City of Aventura
  768 F. Supp. 2d 1188· S.D. Fla.· 2010-08-23 ·cited 2×
  The court held that the officers were entitled to qualified immunity because they had probable cause or arguable probable cause to arrest the plaintiffs, and any unlawfulness of the arrests was not apparent in light of pre-existing law.
• Hillcrest Prop., LLP v. Pasco Cnty.
  731 F. Supp. 2d 1288· M.D. Fla.· 2010-07-30 ·cited 2×
  A commercial property owner challenged Pasco County's requirement that it dedicate 140 feet of right-of-way for future widening of State Route 52 as a condition of development approval, asserting claims under 42 U.S.C. § 1983 for regulatory takings, temporary takings, and equal p
• Rico v. Sch. Bd. of Miami-Dade Cnty. Pub. Schs.
  733 F. Supp. 2d 1319· S.D. Fla.· 2010-06-29 ·cited 2×
  The court held that the plaintiff did not possess a constitutionally protected property interest in her employment because the contract rendered her employment terminable at will, and even if she did, the School Board provided constitutionally adequate process.
• Jean-Baptiste v. Gutierrez
  680 F. Supp. 2d 1318· S.D. Fla.· 2010-01-13 ·cited 2×
  The court affirmed the magistrate judge's recommendation, holding that the defendant officer was not entitled to qualified immunity because his use of deadly force violated the plaintiff's clearly established constitutional right to be free from excessive force.
• Shepard v. Peryam
  657 F. Supp. 2d 1331· S.D. Fla.· 2009-09-23 ·cited 2×
  The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants and dismissing the plaintiff's claims.
• Tunnell v. Crosby
  657 F. Supp. 2d 1263· N.D. Fla.· 2009-08-24 ·cited 2×
  The court held that the defendants are entitled to qualified immunity because it was not clearly established that the plaintiff's refusal to ask his father to back off an investigation constituted a First Amendment or substantive due process violation.
• Bryant v. Mostert
  636 F. Supp. 2d 1303· M.D. Fla.· 2009-07-07 ·cited 2×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the defendant prosecutor was entitled to absolute immunity, while the defendant officers were entitled to qualified immunity.
• COX v. State
  5 So. 3d 659· Fla.· 2009-03-12 ·cited 2×
  Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
• Drudge v. City of Kissimmee
  581 F. Supp. 2d 1176· M.D. Fla.· 2008-09-25 ·cited 2×
  The court granted summary judgment for the defendants, finding no constitutional violation and that the officer was entitled to qualified immunity.
• Gray v. Kohl
  568 F. Supp. 2d 1378· S.D. Fla.· 2008-06-18 ·cited 2×
  The court held that Florida's School Safety Zone Statute, specifically subsection (2)(b), is unconstitutionally vague because the term 'legitimate business' fails to provide adequate notice of prohibited conduct. However, subsection (2)(c) is not unconstitutionally vague due to a
• Town OF Sw. Ranches v. Shahab Kalam
  980 So. 2d 1121· Fla. 4th DCA· 2008-03-12 ·cited 2×
  Kalam sued town building official Melgren and deputy attorney Poliakoff under 42 U.S.C. § 1983, alleging they violated his constitutional rights by refusing to grant a building permit for his property lot 7. The Fourth District reversed the denial of the officials' qualified immu
• Sharp v. City of Palatka
  529 F. Supp. 2d 1354· M.D. Fla.· 2007-12-20 ·cited 2×
  Alexander Sharp, a police officer with the Palatka Police Department, sued the City of Palatka under 42 U.S.C. § 1983 alleging retaliation for his protected First Amendment speech—specifically, his decision to run for Sheriff and his campaign platform to consolidate the police de
• Schwab v. McDonough
  521 F. Supp. 2d 1338· M.D. Fla.· 2007-11-14 ·cited 2×
  The court granted the motion to stay execution, pending the Supreme Court's decision in Baze v. Rees, due to the significant possibility of success on the merits of the lethal injection challenge.
• LMP v. Sch. Bd. of Broward Cnty.
  516 F. Supp. 2d 1305· S.D. Fla.· 2007-09-27 ·cited 2×
  Individual school board employees cannot be held liable under 42 U.S.C. § 1983 for violations of the Individuals with Disabilities Education Act (IDEA), as the IDEA limits liability to funding recipients and does not provide for individual liability.
• Woods v. Valentino
  511 F. Supp. 2d 1263· M.D. Fla.· 2007-05-14 ·cited 2×
  The court held that the Williams defendants are entitled to summary judgment as they are private citizens not acting under color of state law, but denied summary judgment for the officer defendants on the illegal entry claim due to genuine issues of material fact regarding qualif
• Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd.
  477 F. Supp. 2d 1246· S.D. Fla.· 2007-03-13 ·cited 2×
  An unincorporated association has standing to bring a claim under 42 U.S.C. § 1983, and the plaintiffs adequately pleaded a claim against the school board.
• Smith v. Brevard Cnty.
  461 F. Supp. 2d 1243· M.D. Fla.· 2006-10-31 ·cited 2×
  The court held that the plaintiff's allegations were sufficient to state a claim for deliberate indifference under § 1983 against Circles of Care and Sheriff Parker, and denied dismissal for those claims.
• Murray v. Rosati
  929 So. 2d 1090· Fla. 4th DCA· 2006-05-03 ·cited 2×
  Police officers appealed an order denying their motions for directed verdict after two mistrials in a §1983 civil rights case, arguing they were entitled to immunity as a matter of law. The appellate court dismissed for lack of jurisdiction because the trial court's order did not
• Rayvon L. Boatman v. Fla. Dep't OF Corr.
  924 So. 2d 906· Fla. 1st DCA· 2006-03-23 ·cited 2×
  The court affirmed dismissal of moot claims for declaratory and injunctive relief but reversed dismissal of damages claims arising from alleged excessive force and medical indifference, remanding for trial court consideration of the merits.
• Sabeta v. Baptist Hosp. of Miami, Inc.
  410 F. Supp. 2d 1224· S.D. Fla.· 2005-02-23 ·cited 2×
  The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
• Carcamo v. Miami-Dade Cnty.
  284 F. Supp. 2d 1362· S.D. Fla.· 2003-09-03 ·cited 2×
  The court held that the plaintiff's procedural due process rights were not violated because an adequate post-deprivation remedy was available under Florida law, even though the plaintiff did not utilize it.
• Purvis Ex Rel. Estate of Logan v. City of Orlando
  273 F. Supp. 2d 1321· M.D. Fla.· 2003-07-29 ·cited 2×
  The court held that the plaintiff failed to state a claim for constitutional violations under 42 U.S.C. § 1983, as the defendant officer's actions did not shock the conscience and no clearly established law was violated.
• Engelleiter v. Brevard Cnty. Sheriff's Dep't
  290 F. Supp. 2d 1300· M.D. Fla.· 2003-07-25 ·cited 2×
  The court held that the defendant's motion for summary judgment should be granted because the undisputed facts did not demonstrate deliberate indifference to the plaintiff's serious medical needs, nor did they establish a policy or custom of deliberate indifference.
• Esposito v. Williamson
  854 So. 2d 694· Fla. 2d DCA· 2003-07-25 ·cited 2×
  Detective Esposito challenged a denial of his motion for summary judgment in a § 1983 civil rights action alleging unlawful arrest. The court reversed, holding that Esposito was entitled to qualified immunity because an eyewitness identification provided probable cause for the ar
• Parkland Republican Club v. City of Parkland
  268 F. Supp. 2d 1349· S.D. Fla.· 2003-06-04 ·cited 2×
  The court held that the city's policy of excluding all political organizations from participating in its annual parade is a reasonable restriction on speech within a limited public forum, as it is viewpoint neutral and serves the parade's purpose of maintaining a family-oriented,
• Bochese v. Town of Ponce Inlet
  267 F. Supp. 2d 1240· M.D. Fla.· 2003-05-27 ·cited 2×
  Alfred Bóchese sought to disqualify attorneys Kohlmyer and Roper from representing the Town of Ponce Inlet in a § 1983 retaliation suit, alleging they were necessary witnesses to the town's custom of retaliating against whistleblowers and had conflicts of interest from prior repr
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• Wilson v. Moore
  270 F. Supp. 2d 1328· N.D. Fla.· 2003-05-01 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for defendants in part and denying it in part, dismissing some claims as moot or for lack of jurisdiction.
• McCurry v. Moore
  242 F. Supp. 2d 1167· N.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment in favor of Defendants Moore and Franklin on certain claims and denying it in others, remanding the case for further proceedings.
• Neumont v. Monroe Cnty.
  242 F. Supp. 2d 1265· S.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted in part the Magistrate Judge's recommendations, denying summary judgment on some counts, dismissing others as unripe or discretionary, and allowing certain claims to proceed.
• Stephen Z. Gervin, M.D. v. Honorable Robert Andrews
  826 So. 2d 504· Fla. 4th DCA· 2002-09-25 ·cited 2×
  Dr. Gervin, a neurosurgeon and expert witness, appeals the dismissal of his § 1983 due process claim against a circuit judge who made defamatory statements disqualifying him from testifying in a single case. The court affirmed, holding that absent deprivation of a constitutionall
• Niziol v. Pasco Cnty. Dist. Sch. Bd.
  240 F. Supp. 2d 1194· M.D. Fla.· 2002-08-09 ·cited 2×
  The court held that the Gun-Free Schools Act does not create a private right of action enforceable under 42 U.S.C. § 1983, and that the plaintiffs failed to allege facts sufficient to establish a substantive due process violation under the special relationship or state-created da
• Slattery v. Neumann
  200 F. Supp. 2d 1367· S.D. Fla.· 2002-02-22 ·cited 2×
  A police officer who resigns voluntarily, even to avoid potential disciplinary action, cannot maintain a Section 1983 claim for constructive discharge if they fail to demonstrate objectively intolerable working conditions or lack of reasonable alternatives.
• Roes v. Fla. Dept of Child. & Fam. Servs.
  176 F. Supp. 2d 1310· S.D. Fla.· 2001-09-24 ·cited 2×
  Qualified immunity does not apply to defendants McCarthy, Reale, Andrews, and Williams because their conduct may have violated clearly established constitutional rights of foster children to safety. Defendant Kurtz's motion is granted as to the constitutional claim.
• Henry v. City of Tallahassee
  149 F. Supp. 2d 1324· N.D. Fla.· 2001-02-14 ·cited 2×
  A public employee's speech in administrative charges and lawsuits concerning personal grievances, even if touching on matters of public interest, does not constitute speech on a matter of public concern protected by the First Amendment.
• Sjuts v. State of Fla. & Dr. Alan J. Waldman
  774 So. 2d 783· Fla. 2d DCA· 2000-12-15 ·cited 2×
  The court held that while the public defender exceeded his authority in filing counterclaims for damages and injunctions, the counterclaims were also subject to dismissal because the State is not a 'person' under 42 U.S.C. § 1983 and the psychiatrist was not an opposing party.
• Tedesco v. Johnson
  119 F. Supp. 2d 1320· M.D. Fla.· 2000-11-07 ·cited 2×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, thus entitling the defendants to summary judgment.
• Fla. Country Clubs, Inc. v. Carlton
  98 F. Supp. 2d 1356· M.D. Fla.· 2000-05-23 ·cited 2×
  The court found that the plaintiffs failed to allege sufficient facts to establish state action by Carlton Fields, a private entity, and therefore could not proceed with their Section 1983 claim against them. Motions related to Partyka were denied as moot due to a settlement.
• Ryan v. Worch
  755 So. 2d 818· Fla. 2d DCA· 2000-04-26 ·cited 2×
  Teddy C. Ryan, Jr. appealed the dismissal with prejudice of his civil rights complaint against Sheriff Richard H. Worch, Jr., alleging violations under 42 U.S.C. § 1983 based on failure to train and supervise deputies. The Florida appellate court affirmed the dismissal, holding t
• Gonzalez v. Monty
  89 F. Supp. 2d 1347· S.D. Fla.· 2000-02-11 ·cited 2×
  Summary judgment for defendants is granted because the plaintiff failed to present evidence of genuine issues of material fact regarding his claims of disciplinary reports, denial of medical treatment, excessive force, and retaliatory transfer.
• Celli v. City of St. Augustine
  214 F. Supp. 2d 1255· M.D. Fla.· 2000-01-31 ·cited 2×
  The court held that the City of St. Augustine's ordinance prohibiting the use of public property for selling or displaying goods was unconstitutional on its face and as applied, violating the First Amendment.
• Otworth v. the Florida Bar
  71 F. Supp. 2d 1209· M.D. Fla.· 1999-09-29 ·cited 2×
  The court dismissed the breach of contract claim against Flynt for failure to allege a meeting of the minds and granted dismissal for the judges and prosecutor based on judicial and Eleventh Amendment immunity.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  78 F. Supp. 2d 1327· S.D. Fla.· 1999-08-27 ·cited 2×
  The court held that Metropolitan Dade County Ordinance 96-13 is not substantially overbroad and is a constitutional content-neutral time, place, and manner regulation, denying plaintiffs' motion for summary judgment on these grounds.
• Maggio v. Florida
  56 F. Supp. 2d 1370· M.D. Fla.· 1999-07-19 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's allegations were sufficient to state a claim for retaliation under the First Amendment against individual defendants and that ADA and Rehabilitation Act claims were not duplicative. Therefore, the motions to dismiss were denied.
• Crocker v. Pleasant
  727 So. 2d 1087· Fla. 4th DCA· 1999-03-03 ·cited 2×
  Parents brought a § 1983 civil rights action against the City of West Palm Beach and Palm Beach County, alleging that officials violated their due process rights by failing to properly notify them of their adult son's death. The Fourth District affirmed a judgment on the pleading