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

• Sharron Tasha Ford v. City of Boynton Beach
  323 So. 3d 215· Fla. 4th DCA· 2021-08-04 ·cited 1×
  Law enforcement lacked probable cause to arrest Ford for intercepting oral communications because officers performing public duties in a public place have no reasonable subjective expectation of privacy in their communications, particularly when the recording device was visible a
• Certain Underwriters AT Lloyd's London Subscribing TO Policy NO. J046137 v. Pierson
  322 So. 3d 106· Fla. 4th DCA· 2021-06-02 ·cited 1×
  An occurrence-based insurance policy covering liability arising out of law enforcement activities requires that the misconduct occur during the policy period; therefore, the insurer had no duty to indemnify where the officers' civil rights violations occurred twenty years before
• Nance v. Comm'r, Ga. Dep't of Corr.
  994 F.3d 1335· 11th Cir.· 2021-04-20 ·cited 1×
  The court denied a petition for rehearing en banc, affirming the panel's decision that the prisoner's challenge to the method of execution, seeking an unauthorized alternative, was properly characterized as a habeas corpus petition and was second or successive.
• Harmon v. Stegemann
  2020 WL 3038282· M.D. Fla.· 2020-06-10 ·cited 1×
  The court held that the plaintiff is barred from proceeding in forma pauperis under the PLRA's three-strikes rule and dismissed the action without prejudice.
• Sussman v. Dep't of Corr.
  257 So. 3d 604· Fla. 1st DCA· 2018-10-18 ·cited 1×
  Mixed petitions containing both mandamus and civil claims are subject to the prepayment and lien requirements of section 57.085, Florida Statutes, and dismissal for failure to pay filing fees is proper.
• Torres v. Honorable Lawrence Lefler
  257 So. 3d 1095· Fla. 2d DCA· 2018-07-13 ·cited 1×
  A show cause order imposing conditions on future filings is not final and appealable until sanctions are actually imposed after the opportunity to be heard.
• Alsobrook v. Alvarado
  845 F. Supp. 2d 146· S.D. Fla.· 2013-12-03 ·cited 1×
  The court held that Count I and Counts IV/VII were not barred by the Heck doctrine or failure to exhaust, and stated a claim, while Count II was Heck-barred, and Count VIII failed to state a claim.
• O'Boyle v. Bradshaw
  1991 WL 179619· S.D. Fla.· 2013-07-01 ·cited 1×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against CMI, Inc. because CMI is not a state actor and its actions did not deprive the plaintiff of a federally protected right. The court also held that the plaintiff's claims for false arrest and m
• Benton v. Rousseau
  1991 WL 17846· M.D. Fla.· 2013-03-19 ·cited 1×
  The court held that the defendants used excessive force and retaliated against the plaintiff for protected speech, violating his constitutional rights, and awarded damages.
• Dandar v. Church of Scientology Flag Serv. Org., Inc.
  732 F. Supp. 2d 310· M.D. Fla.· 2013-02-15 ·cited 1×
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
• Christie ex rel. Estate of Christie v. Scott
  30 Wage & Hour Cas. (BNA) 300· M.D. Fla.· 2013-01-09 ·cited 1×
  The court held that claims of deliberate indifference against three PHS nurses survive summary judgment, and the failure-to-train claim against PHS also survives. Claims against other PHS defendants and most claims against the Sheriff were dismissed.
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• Harrell v. Florida Bar
  490 F. Supp. 2d 381· M.D. Fla.· 2011-09-30 ·cited 1×
  The court held that the Florida Bar Rules prohibiting "quality of legal services" statements and "promises results" are not unconstitutionally vague, as they provide sufficient notice and enforcement standards for lawyers of ordinary intelligence.
• Russell-Brown v. Jerry
  231 F. Supp. 284· N.D. Fla.· 2010-08-19 ·cited 1×
  The court granted the plaintiff's motion for voluntary dismissal without prejudice, but conditioned it upon the plaintiff reimbursing the defendants for their reasonable costs and attorney's fees incurred in both the original and current Florida cases.
• Log Creek, LLC. v. Kessler
  717 F. Supp. 2d 1239· N.D. Fla.· 2010-06-03 ·cited 1×
  The court held that equal protection claims were adequately alleged, but procedural due process, taking, open meeting, and defamation claims failed for various reasons including ripeness, immunity, lack of recurrence, and failure to allege fault.
• Smith Ex Rel. Smith v. Benson
  703 F. Supp. 2d 1262· S.D. Fla.· 2010-01-28 ·cited 1×
  Florida's blanket exclusion of diapers and incontinence supplies from Medicaid coverage violates the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) provisions of the federal Medicaid Act, as these supplies are necessary to correct or ameliorate conditions discovere
• Sch. Bd. of Manatee Cnty. v. Lh
  666 F. Supp. 2d 1285· M.D. Fla.· 2009-09-30 ·cited 1×
  The court adopted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss as to the attorneys' fee claim and the § 1983 claim, and denying it in all other respects.
• Gc v. Sch. Bd. of Seminole Cnty.
  639 F. Supp. 2d 1295· M.D. Fla.· 2009-06-10 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence of a constitutional violation to survive summary judgment on his § 1983 claims against both the individual teacher and the school board.
• Washington v. Fla. Dep't of Child. & Families
  595 F. Supp. 2d 1291· M.D. Fla.· 2009-01-27 ·cited 1×
  The court held that it lacked personal jurisdiction over the defendants because the alleged tortious acts and resulting injuries occurred in Ohio, not Florida, and the plaintiff's conspiracy allegations were too vague to establish jurisdiction.
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Sosa v. Hames
  581 F. Supp. 2d 1254· S.D. Fla.· 2008-10-07 ·cited 1×
  Sosa sued Miami-Dade County and three officers under 42 U.S.C. § 1983 for alleged constitutional violations arising from an October 2003 administrative business inspection and an October 2004 search warrant execution at his auto sales and towing business, as well as his arrest du
• Kilpatrick v. United States
  578 F. Supp. 2d 1339· N.D. Fla.· 2008-09-26 ·cited 1×
  The court held that Defendant Roegner is entitled to qualified immunity on the due process claim but not on the Fourth Amendment and First Amendment claims; the United States is liable for state law false imprisonment but not other tort claims due to the discretionary function ex
• Gonzalez Ex Rel. Gonzalez v. Sch. Bd. of Okeechobee Cnty.
  571 F. Supp. 2d 1257· S.D. Fla.· 2008-07-29 ·cited 1×
  The court held that the School Board of Okeechobee County (SBOC) violated the Equal Access Act (EAA) by refusing to recognize the Gay-Straight Alliance (GSA) as a noncurricular student group. The court found SBOC's abstinence-only policy and other justifications insufficient to i
• Anderson v. City of Tampa
  555 F. Supp. 2d 1268· M.D. Fla.· 2008-05-01 ·cited 1×
  The court held that the officer was entitled to qualified immunity because his use of force during the arrest was reasonable and did not violate the plaintiff's Fourth Amendment rights.
• Fla. Transp. Serv., Inc. v. Miami-Dade Cnty.
  543 F. Supp. 2d 1315· S.D. Fla.· 2008-04-07 ·cited 1×
  The court held that the County's stevedore permit ordinance, as applied, violates the dormant Commerce Clause for permit denials in 2003, 2004, and 2005, entitling Florida Transportation to summary judgment on liability for those claims.
• Hathcock v. Cohen
  547 F. Supp. 2d 1271· S.D. Fla.· 2008-02-29 ·cited 1×
  The court held that the officers' warrantless entry into the plaintiff's home to arrest him was unconstitutional because exigent circumstances did not exist, and therefore the officers were not entitled to qualified immunity.
• VFW John O'Connor Post 4833 v. Santa Rosa Cnty.
  506 F. Supp. 2d 1079· N.D. Fla.· 2007-03-12 ·cited 1×
  The court held that the Santa Rosa County Land Development Code § 7.01.13(E)'s waiver provision is facially unconstitutional for vagueness but is severable from the rest of the ordinance, which remains valid.
• Johnston v. Tampa Sports Auth.
  442 F. Supp. 2d 1257· M.D. Fla.· 2006-07-28 ·cited 1×
  Mass suspicionless pat-downs at NFL games constitute unreasonable searches under the Florida Constitution and Fourth Amendment because the Tampa Sports Authority failed to establish a substantial and real risk of a terrorist attack justifying a 'special needs' exception.
• Yorty v. Realty Inv. & Mortg. Corp., Inc.
  938 So. 2d 1· Fla. 3d DCA· 2006-06-21 ·cited 1×
  RIMCI acquired fee simple title to portions of two parcels (Subtracts A and B) that were part of a recorded plat (WIC Plat) but had substantial delinquent taxes assessed against the entire parcels. RIMCI sought to compel the county to apportion the delinquent tax liens and assign
• Mickens v. Polk Cnty. Sch. Bd.
  430 F. Supp. 2d 1265· M.D. Fla.· 2006-04-04 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence that the School Board regarded him as disabled under the ADA, and that a claim under 42 U.S.C. § 12112(d)(4)(A) requires the plaintiff to be a qualified individual with a disability.
• Lyons v. Trinity Servs. Grp., Inc.
  401 F. Supp. 2d 1290· S.D. Fla.· 2005-08-16 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies as required by the Prison Litigation Reform Act before filing his lawsuit.
• Elend v. Sun Dome, Inc.
  370 F. Supp. 2d 1206· M.D. Fla.· 2005-05-18 ·cited 1×
  The court held that the plaintiffs lacked standing and their claims were not ripe for judicial review because they failed to allege a real and immediate threat of future injury regarding Secret Service protest zone restrictions.
• Davidson v. City of Jacksonville
  359 F. Supp. 2d 1291· M.D. Fla.· 2005-02-16 ·cited 1×·via Section 1983
  The court held that the plaintiffs failed to establish a constitutional violation under Section 1983, and therefore, qualified immunity applied to the individual defendants, and the City was not liable for municipal claims. The court also declined to exercise supplemental jurisdi
• Nat'l Ass'n for Advancement of Colored People, Inc. v. Lowe
  M.D. Fla.· 2004-10-19 ·cited 1×
  The court held that the case was moot because Volusia County agreed to open additional early voting sites, and there was no reasonable expectation that the county would revert to its previous conduct.
• J.D. v. Manatee Cnty. Sch. Bd.
  340 F. Supp. 2d 1316· M.D. Fla.· 2004-10-08 ·cited 1×
  The court held that an ALJ's determination of a child's eligibility for special education does not constitute an agreement for a change in placement under the IDEA's stay-put provision, thus the school board is not obligated to provide an IEP during its appeal.
• Mercado v. City of Orlando
  323 F. Supp. 2d 1266· M.D. Fla.· 2004-06-24 ·cited 1×
  The court held that officers are entitled to qualified immunity for using force to prevent a suicide attempt, as the law was not clearly established, and that the city is not liable for negligent training due to sovereign immunity.
• Pub. Citizen, Inc. v. Pinellas Cnty.
  321 F. Supp. 2d 1275· M.D. Fla.· 2004-05-19 ·cited 1×
  The court held that the prior litigation did not preclude the current claims and that the charities' allegations regarding the ordinance's prior restraint on speech were sufficient to proceed.
• Seacoast Sanitation Ltd., Inc. v. Broward Cnty.
  275 F. Supp. 2d 1370· S.D. Fla.· 2003-08-04 ·cited 1×
  The court held that Oceans Eleven lacks Article III standing and Seacoast's claims are time-barred, thus granting summary judgment for the defendants.
• Rhodes-Courter Ex Rel. Courter v. Thompson
  252 F. Supp. 2d 1359· M.D. Fla.· 2003-03-20 ·cited 1×
  The court held that the plaintiff adequately pled Section 1983 claims against the defendants, and the defendants were not entitled to qualified immunity.
• E. Coast Recycling, Inc. v. City of Port St. Lucie
  234 F. Supp. 2d 1259· S.D. Fla.· 2002-11-13 ·cited 1×
  The court held that the city and county ordinances and interlocal agreement do not violate the dormant commerce clause or substantive due process rights, and thus granted summary judgment for the defendants.
• Johnson v. Rice
  237 F. Supp. 2d 1330· M.D. Fla.· 2002-09-05 ·cited 1×
  The court held that the defendant sheriff was entitled to summary judgment because the plaintiff failed to establish a prima facie case for sexual harassment, retaliation, or racial discrimination.
• Palisano v. City of Clearwater
  219 F. Supp. 2d 1249· M.D. Fla.· 2002-08-14 ·cited 1×
  The court held that an EEOC "unable to conclude" determination does not bar a claim under the Florida Civil Rights Act, and that a supervisor can be liable under § 1983 for failing to act on sexual harassment complaints, but not for retaliation under the Equal Protection Clause i
• Alexis, Inc. v. Pinellas Cnty.
  194 F. Supp. 2d 1336· M.D. Fla.· 2002-03-29 ·cited 1×
  The court held that corporate plaintiffs have standing to sue under § 1983, Florida Statute § 847.09 does not preempt county ordinances regulating adult uses, and warrantless arrests of dancers for ordinance violations do not constitute an unconstitutional prior restraint or hara
• Wilson v. Zellner
  200 F. Supp. 2d 1356· M.D. Fla.· 2002-03-26 ·cited 1×
  Government officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights, and the plaintiff has not provided sufficient evidence to overcome this defense.
• Major League Baseball v. Butterworth
  2001 U.S. Dist. LEXIS 22021· N.D. Fla.· 2001-12-27 ·cited 1×
  The federal antitrust laws do not apply to the 'business of baseball,' including contraction, and this exemption extends to state antitrust laws.
• Nat'l Coal. for Students With Disabilities v. Bush
  173 F. Supp. 2d 1272· N.D. Fla.· 2001-11-27 ·cited 1×
  A plaintiff who obtains a court-ordered settlement agreement that materially alters the legal relationship with the defendant is a prevailing party entitled to attorney's fees, even if the relief obtained is minor.
• Christopher v. Dept. Hwy. Safety & Motor Vehicles
  209 F. Supp. 2d 1290· S.D. Fla.· 2001-10-10 ·cited 1×
  The court held that the plaintiff lacked standing to seek injunctive relief against the Department of Highway Safety and Motor Vehicles because he did not face a real and immediate threat of future harm.
• Lofton v. Kearney
  157 F. Supp. 2d 1372· S.D. Fla.· 2001-08-30 ·cited 1×
  Florida's statute prohibiting homosexual adoption does not violate federal constitutional rights to privacy, intimate association, family integrity, due process, or equal protection, as homosexual adoption is not a fundamental right and the statute is rationally related to the st
• BellSouth Mobility v. Miami-Dade Cnty.
  153 F. Supp. 2d 1345· S.D. Fla.· 2001-03-30 ·cited 1×
  The court held that the County's denial of BellSouth's application was supported by substantial competent evidence, particularly regarding necessity and compatibility, and thus affirmed the denial.
• Gainer v. City of Winter Haven
  134 F. Supp. 2d 1295· M.D. Fla.· 2000-11-08 ·cited 1×
  The court dismissed the procedural due process claim for lack of jurisdiction and failure to state a claim, finding Florida's certiorari review adequate. The First Amendment claim was dismissed because the recommending official lacked final policymaking authority and there was no