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

• Spears v. Robinson
  431 F.2d 1089· 8th Cir.· 1970-09-22 ·cited 2×
  The court held that the plaintiffs' claims could not be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction under 42 U.S.C. § 1983, as the claim involved property rights rather than personal liberties.
• Smith v. Ferrell
  429 F.2d 10· 3d Cir.· 1970-07-24 ·cited 2×
  The court held that denying an indigent prisoner's motions for release and counsel unduly delays his civil rights claim.
• Barber v. State OF Ark.
  429 F.2d 20· 8th Cir.· 1970-07-14 ·cited 2×
  The court held that the petitioner's federal constitutional rights were not violated by the denial of a preliminary hearing, and that federal courts are prohibited from enjoining state court proceedings under 28 U.S.C. § 2283.
• Luster H. Jackson v. Ogilvie
  426 F.2d 1333· 7th Cir.· 1970-05-06 ·cited 2×
  The court holds that the district court's judgment was founded on a lack of jurisdiction and must be reversed and remanded.
• Ames v. Kuehnle
  425 F.2d 224· 5th Cir.· 1970-04-13 ·cited 2×
  The court held that the complaint on its face stated a cause of action, requiring reversal of the dismissal.
• Sheppard v. The E. W. Scripps Co.
  421 F.2d 555· 6th Cir.· 1970-01-21 ·cited 2×
  The court held that the coroner's actions were protected by quasi-judicial immunity, thus the Civil Rights Act claim must fail.
• Holloway v. The Dep't OF Hous. & Urban Dev. & Haley Sofge
  418 F.2d 242· 5th Cir.· 1969-11-12 ·cited 2×
  The court held that a complaint alleging deprivation of due process in public housing tenant regulations, under notice pleading, states a cause of action under 42 U.S.C.A. § 1983, vesting jurisdiction in the federal court.
• Schindelar v. M.
  411 F.2d 80· 10th Cir.· 1969-06-02 ·cited 2×
  The court held that the peace officers acted legally in arresting the appellant, and the jury's finding of no unreasonable force was not erroneous.
• Head v. Chavez
  411 F.2d 1222· 9th Cir.· 1969-05-29 ·cited 2×
  The court held that the appellant's allegations of a violation of state parole revocation procedures do not present a substantial federal constitutional question.
• James Rudolph Preston (Amek Bin Rilla) v. Purtell
  410 F.2d 234· 7th Cir.· 1969-03-11 ·cited 2×
  The court held that the district court properly dismissed the complaint for lack of federal jurisdiction because the plaintiff's claims were insubstantial and failed to meet the requirements for establishing jurisdiction.
• Langdon v. Jackson
  404 F.2d 319· 9th Cir.· 1968-11-21 ·cited 2×
  The court held that the dismissal order could not be sustained on the grounds presented on appeal, as the statute of limitations defense was not properly raised below and involved factual issues of waiver or estoppel.
• Padilla v. Lynch
  398 F.2d 481· 9th Cir.· 1968-07-22 ·cited 2×
  The court held that while dismissal of the complaint for lack of factual specificity was justified, dismissal of the entire action without an opportunity to amend was improper.
• Townsend v. Ross
  396 F.2d 573· 8th Cir.· 1968-06-20 ·cited 2×
  The court held that the trial court did not abuse its discretion in refusing inspection of jury lists and that the plaintiff failed to prove deliberate or systematic exclusion of Negro jurors.
• Garner v. Raulston
  390 F.2d 644· 6th Cir.· 1968-02-13 ·cited 2×
  The court held that the appeal is frivolous and without merit, and the district court correctly dismissed the suit.
• Vigliano v. Honorable John G. Thevos
  390 F.2d 55· 3d Cir.· 1968-01-31 ·cited 2×
  The court held that the district court did not abuse its discretion in abstaining from interfering with a pending state criminal proceeding, despite the plaintiff's claim of federal constitutional rights violations.
• Smith v. Bd. OF Comm'rs OF the Dist. OF Columbia
  380 F.2d 632· D.C. Cir.· 1967-06-23 ·cited 2×
  The court held that the appellants failed to exhaust their administrative remedies before seeking judicial relief, as a sufficient administrative process was available to address their claims.
• Nelson v. Hall
  368 F.2d 103· 9th Cir.· 1966-10-31 ·cited 2×
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the sheriff's actions in selling the abandoned vehicle complied with state law and did not constitute a deprivation of due process under the Fourteenth Amendment.
• Hall v. The State OF NEW York
  359 F.2d 26· 2d Cir.· 1966-04-01 ·cited 2×
  The court held that the district court properly dismissed the appellant's petition because it failed to meet the jurisdictional requirements for convening a three-judge court under 28 U.S.C. § 2281 and federal courts should not interfere with ongoing state criminal proceedings.
• Hillegas v. Sams
  349 F.2d 859· 5th Cir.· 1965-08-16 ·cited 2×
  The court held that deliberate, purposeful use of state criminal machinery to deny constitutional rights constitutes an "extraordinary" case justifying pre-trial federal habeas relief, despite prior rulings to the contrary.
• Andrews v. Murphy
  349 F.2d 114· 6th Cir.· 1965-07-30 ·cited 2×
  The court held that a state judge is immune from suit under 42 U.S.C. § 1983 and that there was no evidence of racial discrimination in the state court's dismissal of the plaintiff's case.
• Magee v. Williams
  329 F.2d 470· 7th Cir.· 1964-03-17 ·cited 2×
  The court held that a police officer cannot claim damages under the Civil Rights Act for an alleged attempt to entrap him when the recording of the incident was made by a consenting agent and the officer's own conduct demonstrated his honesty.
• Rosso v. Magraw
  288 F.2d 840· 8th Cir.· 1961-04-13 ·cited 2×
  The court held that the dismissal of the original action terminated the litigation, and the appellant lacked standing to intervene after the dismissal.
• Moss v. Jones
  288 F.2d 342· 6th Cir.· 1961-04-03 ·cited 2×
  A federal court cannot grant an injunction to stay state court proceedings, including an execution, except as expressly authorized by Congress or necessary to aid its own jurisdiction or protect its judgments.
• Allen v. Groat
  283 F.2d 692· 6th Cir.· 1960-11-07 ·cited 2×
  The court held that the district court properly dismissed the complaint.
• United States ex rel. Fred Hunter v. Bibb
  249 F.2d 839· 7th Cir.· 1957-12-10 ·cited 2×
  The court held that the prisoner's petition for a writ of habeas corpus was properly dismissed for failure to exhaust state remedies and due to pending state proceedings.
• Dinneen v. Williams
  219 F.2d 428· 9th Cir.· 1955-01-31 ·cited 2×
  The court held that the district court correctly dismissed the complaint for lack of federal jurisdiction because the allegations did not state a claim cognizable under federal law.
• Frankes v. City of Boynton Beach
  6 F. Supp. 3d 1331· S.D. Fla.· 2026-02-05 ·cited 1×
  The court held that the officers' entry into the home was justified by exigent circumstances and that they were entitled to qualified immunity for their actions, including a protective sweep and a Terry stop.
• Wilson v. Apex Reporting Grp., Inc.
  2022 WL 14929963· S.D. Fla.· 2026-01-18 ·cited 1×
  The Court held that the plaintiff failed to demonstrate fraud on the court or present new evidence sufficient to warrant setting aside the prior judgment.
• Hane Cypress McLeaish v. The Sch. Dist. of Escambia Cnty.
  2017 WL 1153895· N.D. Fla.· 2025-12-08 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies for some claims and failed to state a claim for others, including sex discrimination and retaliation.
• Baker v. N. Fla. Evaluation Treatment Ctr.
  2021 WL 6125712· N.D. Fla.· 2025-08-15 ·cited 1×
  A pro se prisoner's failure to accurately disclose prior litigation history on the court-approved complaint form warrants dismissal without prejudice, even if the failure was unintentional.
• Merritt v. Knowles
  2021 WL 3857560· M.D. Fla.· 2025-07-16 ·cited 1×
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and that her state tort claims and federal due process claims were time-barred by Florida's statutes of limitations.
• Gioia v. Bradshaw
  2019 WL 13215373· S.D. Fla.· 2025-07-15 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  Pro se plaintiff Michael Gioia filed a civil rights complaint under 42 U.S.C. § 1983 but failed to pay the required filing fee or file a motion to proceed in forma pauperis despite court order. A magistrate judge recommends dismissal of the complaint without prejudice for non-com
• Ling v. Sec'y Fla. Dep't of Child. & Families
  2022 WL 2237663· N.D. Fla.· 2025-04-24 ·cited 1×
  The court held that a delay in processing a food assistance application, without more, does not constitute a denial of due process actionable under federal law.
• Jernazian v. Baker
  2022 WL 4486079· N.D. Fla.· 2025-02-26 ·cited 1×·via 42 U.S.C. § 1983 Claim
  The court held that a pro se plaintiff's failure to provide a valid mailing address warrants dismissal without prejudice.
• Webster v. Fla. Supreme Court
  2024 WL 3963742· N.D. Fla.· 2025-02-11 ·cited 1×
  A federal district court lacks jurisdiction to review final state court decisions, even when framed as a section 1983 action.
• Mosqueda v. Walgreens Pharmacy
  2024 WL 4056446· M.D. Fla.· 2025-02-11 ·cited 1×
  The court recommended dismissal of the case without prejudice due to the plaintiff's failure to serve the defendant.
• Fane Lozman v. City of Riviera Beach
  119 F.4th 913· 11th Cir.· 2024-10-16 ·cited 1×
  A property owner's claim that a city's land-use regulations caused a taking is not ripe for judicial review until the city has reached a final decision regarding the application of the regulations to the property, which requires the owner to apply for permits or variances.
• Ziegenhorn v. United States
  2018 WL 10140148· N.D. Fla.· 2024-10-10 ·cited 1×
  The court recommended dismissal of the case without prejudice because the pro se plaintiff failed to comply with court orders to file a proper complaint and pay the filing fee or move to proceed in forma pauperis.
• Cross v. Johnson
  2023 WL 11878294· S.D. Fla.· 2024-10-04 ·cited 1×
  The court recommended denying the defendant's motion for attorney's fees, finding that the plaintiff's civil rights claims were not frivolous, unreasonable, or without foundation.
• McCaw v. State
  395 So. 3d 1065· Fla. 4th DCA· 2024-10-02 ·cited 1×
  Paul McCaw appeals his convictions for sexual battery and lewd or lascivious molestation of two child victims. The appellate court affirmed all convictions and sentences, holding that the State properly prosecuted the molestation counts under the principal theory doctrine, and th
• Westberry v. Altfield
  2020 WL 292663· S.D. Fla.· 2024-08-30 ·cited 1×
  The court held that the plaintiff's filing was improper and struck it as a frivolous shotgun pleading, counting as a second strike under 28 U.S.C. § 1915(g).
• Balbin v. Williams
  2023 WL 3970949· S.D. Fla.· 2024-03-22 ·cited 1×
  The court held that the plaintiff's current complaint is barred by the doctrine of collateral estoppel because it seeks to relitigate issues already decided in a prior lawsuit.
• Trevino v. Andrews
  2009 WL 804528· M.D. Fla.· 2023-12-05 ·cited 1×
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, as his challenge to Florida's DNA testing statute was foreclosed by binding precedent.
• Drummond v. Broward Cnty.
  2023 WL 28977· S.D. Fla.· 2023-08-09 ·cited 1×
  A violation of Miranda rights does not constitute a violation of the Constitution for purposes of a § 1983 claim, and claims previously dismissed as successive habeas petitions cannot be repackaged as § 1983 actions.
• Smith v. Batts
  2023 WL 3276513· S.D. Fla.· 2023-05-09 ·cited 1×
  The court held that the plaintiff's consolidated complaint fails to state a claim upon which relief can be granted and is frivolous.
• Andrade v. Rambosk
  2011 WL 1690010· M.D. Fla.· 2023-02-17 ·cited 1×
  The court denied defendants' motion to bifurcate the trial and stay discovery, finding that bifurcation was not demonstrably more efficient or necessary to avoid prejudice at this stage.
• Cook v. Dunn
  2017 WL 1730971· M.D. Fla.· 2022-10-24 ·cited 1×
  The court held that genuine issues of material fact preclude summary judgment on claims of unlawful seizure and excessive force against Officer Dunn, and failure to intervene against Officer Bell, but granted summary judgment for supervisory and municipal liability claims.
• Hayes v. TSG Commissary
  2016 WL 4191728· M.D. Fla.· 2022-04-13 ·cited 1×
  The court held that a prisoner has no constitutional right to use a jail commissary or purchase specific products, and claims regarding labeling or nutritional information are frivolous.
• Clark v. Cascio
  2020 WL 3895131· M.D. Fla.· 2022-02-04 ·cited 1×
  The court held that the plaintiff's claims for due process violations, judicial misconduct, and conversion were properly dismissed because they failed to state a claim upon which relief could be granted, and adequate state remedies existed for some claims.
• Holliday v. Inch
  2012 WL 1790319· N.D. Fla.· 2021-10-12 ·cited 1×
  The court held that the plaintiff's third amended complaint must be dismissed because it is subject to dismissal as malicious and abusive of the judicial process, and alternatively, for failure to state a claim on which relief may be granted.