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

• Occean v. Kearney
  123 F. Supp. 2d 618· S.D. Fla.· 2000-08-09 ·cited 1×
  The court held that the plaintiff stated a claim for procedural due process and violations of the Child Welfare Act, but not for substantive due process.
• Neumont v. Monroe Cnty. Fla.
  104 F. Supp. 2d 1368· S.D. Fla.· 2000-06-21 ·cited 1×
  The court held that the defendant's motion to dismiss the amended complaint should be denied because the plaintiffs' claims, including premature enforcement, inverse condemnation, and takings claims, were sufficiently pleaded and not moot or unripe at this stage.
• Lewis v. City of St. Petersburg
  98 F. Supp. 2d 1344· M.D. Fla.· 2000-05-03 ·cited 1×
  The court held that claims for negligent use of excessive force and negligent decision to use a firearm are dismissed because such actions are intentional torts or discretionary functions protected by immunity, and that the claim for negligent training is also dismissed due to th
• Mallo v. Pub. Health Tr. of Dade Cnty.
  88 F. Supp. 2d 1376· S.D. Fla.· 2000-03-31 ·cited 1×
  The court held that the defendant had not met its burden under the first prong of the § 1983 test, as there was no express indication that Congress intended to foreclose private enforcement of the Medicaid balance billing provision.
• Dressler v. Jenne
  87 F. Supp. 2d 1308· S.D. Fla.· 2000-03-02 ·cited 1×
  The court held that the plaintiff received adequate due process, including a meaningful opportunity to clear his name, and therefore his liberty interest was not violated.
• Obenschain v. Williams
  750 So. 2d 771· Fla. 1st DCA· 2000-02-16 ·cited 1×
  Jacqueline Obenschain, proceeding through a guardian advocate, appealed dismissal of her civil rights complaint seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and a habeas corpus petition under Florida law. The court reversed because the trial court lacked basis
• Carestio v. Sch. Bd. of Broward Cnty.
  79 F. Supp. 2d 1347· S.D. Fla.· 1999-11-24 ·cited 1×
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, federal courts should not address claims of excessive force under 42 U.S.C. § 1983, and should remand pendent state law claims.
• Pemberton v. Tallahassee Mem'l Reg'l Med. Ctr., Inc.
  66 F. Supp. 2d 1247· N.D. Fla.· 1999-10-13 ·cited 1×
  The court held that forcing a pregnant woman to undergo a medically necessary caesarean section to save the fetus's life did not violate her constitutional rights, nor was it negligent, and that federal courts lack jurisdiction to review state court procedural decisions.
• Parent Ex Rel. Student v. Osceola Cnty. Sch.
  59 F. Supp. 2d 1243· M.D. Fla.· 1999-06-21 ·cited 1×
  The court held that the school district provided a free appropriate public education (FAPE) and that the plaintiffs failed to demonstrate violations of the IDEA or § 1983, granting summary judgment for the defendants.
• Aristil v. Hous. Auth. of City of Tampa
  54 F. Supp. 2d 1289· M.D. Fla.· 1999-06-08 ·cited 1×
  The court held that plaintiffs stated a claim under § 1983 for violations of the USHA and LPPPA, but lacked standing as third-party beneficiaries to sue under the ACC.
• Fla. Ass'n of Rehab. Facilities, Inc. v. Fla. Agency for Health Care Admin.
  47 F. Supp. 2d 1352· S.D. Fla.· 1999-04-11 ·cited 1×
  The court held that Florida's Medicaid Rate Plan for ICF/DD providers was inadequate and violated the Boren Amendment by failing to provide reasonable and adequate reimbursement rates, and that cluster facilities were improperly denied reimbursement under the Rate Plan.
• Gray v. Webco Gen. P'ship
  36 F. Supp. 2d 1331· M.D. Fla.· 1999-02-18 ·cited 1×
  A method of proving discrimination, such as direct evidence, is not a separate cause of action. Federal anti-retaliation provisions under Title VII do not preempt state whistleblower statutes if they are consistent with Title VII's goals.
• Hornfeld v. City of N. Miami Beach
  29 F. Supp. 2d 1357· S.D. Fla.· 1998-11-09 ·cited 1×
  The court held that the Age Discrimination in Employment Act (ADEA) does not preclude a plaintiff from bringing a concurrent claim under 42 U.S.C. § 1983 for violations of the Equal Protection Clause of the Fourteenth Amendment.
• Buzzi v. Gomez
  24 F. Supp. 2d 1352· S.D. Fla.· 1998-09-28 ·cited 1×
  The court held that defendant Carlos Alvarez is entitled to qualified immunity from liability in his individual capacity, and therefore, his motion for summary judgment should be granted.
• Church & Tower, Inc. v. Miami-Dade Cnty.
  11 F. Supp. 2d 1376· S.D. Fla.· 1998-06-30 ·cited 1×
  The court held that the plaintiff's claims of de facto debarment were not ripe for review because the county had not made a final decision regarding debarment or denied specific bids after a final determination.
• Collins & Co., Inc. v. City of Jacksonville
  38 F. Supp. 2d 1338· M.D. Fla.· 1998-05-08 ·cited 1×
  The court held that real property rights and reputational rights are not fundamental rights protected by substantive due process, and that adequate post-deprivation remedies exist for the alleged procedural due process violations.
• Chavez v. City of Key W.
  15 F. Supp. 2d 1301· S.D. Fla.· 1998-04-30 ·cited 1×
  The court held that Key West is not entitled to Eleventh Amendment immunity and that the plaintiff lacks standing for claims seeking declaratory and injunctive relief.
• Bernard v. Calejo
  17 F. Supp. 2d 1311· S.D. Fla.· 1998-04-17 ·cited 1×
  The court held that federal civil rights claims (Counts I-III) are dismissed due to sovereign immunity and lack of personal involvement, but tort claims under the FTCA (Count IV) are not barred for failure to state a 'sum certain' because the government was adequately notified.
• Wright v. City of Tampa
  998 F. Supp. 1398· M.D. Fla.· 1998-03-26 ·cited 1×
  The court held that genuine issues of material fact exist regarding the plaintiff's ADA, Title VII, and § 1983 claims, precluding summary judgment.
• Harris v. Dist. Bd. of Trs. of Polk Cmty. Coll.
  981 F. Supp. 1459· M.D. Fla.· 1997-11-13 ·cited 1×
  The court held that the plaintiffs failed to meet the heightened pleading standard for Section 1983 claims against individual defendants and that the college is immune under the Eleventh Amendment.
• Lamar Advertising of Mobile, Inc. v. City of Lakeland
  980 F. Supp. 1455· M.D. Fla.· 1997-09-30 ·cited 1×
  The court held that Counts I-IV and VI of the complaint stated claims upon which relief could be granted, but Count V was barred by the statute of limitations.
• Lawton v. Cochran
  695 So. 2d 1297· Fla. 4th DCA· 1997-06-25 ·cited 1×
  Lawrence Lawton was held in jail for approximately 607 days on an outstanding capias before being brought before a magistrate, during which time he alleged deprivation of constitutional rights including speedy trial and access to courts. The trial court dismissed his § 1983 civil
• Burton v. City of Belle Glade
  966 F. Supp. 1178· S.D. Fla.· 1997-05-20 ·cited 1×
  The court held that federal law does not compel a municipality to annex property when state law prohibits it, even if the refusal to annex is motivated by racial discrimination.
• Hunter v. Chiles
  944 F. Supp. 914· S.D. Fla.· 1996-10-24 ·cited 1×
  The court held that Florida Medicaid must cover Augmentative Communication Devices and Services (ACDS) for both adult and child recipients as medically necessary durable medical equipment under the home health care provision or the EPSDT program, and cannot deny coverage based on
• Mitchell v. Lealman Volunteer Fire Co.
  124 F. Supp. 192· M.D. Fla.· 1996-09-30 ·cited 1×
  The court held that plaintiffs failed to establish a property interest in continued employment and that Lealman was qualifiedly immune from their claims, and that the county was not vicariously liable.
• Battista v. Cannon
  934 F. Supp. 400· M.D. Fla.· 1996-07-24 ·cited 1×
  A sheriff can be held liable for a deputy's misconduct if the sheriff's own policies or customs, or failure to investigate or supervise, were the moving force behind the constitutional violation, and sovereign immunity does not bar claims based on operational negligence.
• Hammer v. Hillsborough Cnty.
  927 F. Supp. 1540· M.D. Fla.· 1996-06-13 ·cited 1×
  The court held that the County had sufficient identity of interest with the Commission to satisfy Title VII's notice requirements for subject matter jurisdiction, and that the Commission could be considered an agent of the County for purposes of liability. However, the court foun
• White v. Fl. Hwy. Patrol
  928 F. Supp. 1153· M.D. Fla.· 1996-06-10 ·cited 1×
  A probationary state trooper sued the Florida Highway Patrol and individual defendants under 42 U.S.C. §§ 1981 and 1983, alleging racial discrimination in a false drug-related identification and subsequent termination. The court granted defendants' motion to dismiss all counts, f
• Spradley v. Martin
  897 F. Supp. 560· M.D. Fla.· 1995-08-21 ·cited 1×
  The court held that the plaintiff's due process rights were not violated because adequate post-deprivation remedies existed and the actions were either unauthorized or followed an established procedure that provided sufficient process. Claims for injunctive relief were moot.
• Searcy v. Singletary
  894 F. Supp. 1565· M.D. Fla.· 1995-07-27 ·cited 1×
  The court held that the plaintiff failed to state a claim for a due process violation or conspiracy, and thus summary judgment for the defendants was granted.
• Foster v. Jackson Cnty.
  895 F. Supp. 301· N.D. Fla.· 1995-07-03 ·cited 1×
  The court held that the plaintiff's allegations sufficiently stated a claim for deprivation of a liberty interest under Section 1983, as the alleged false and stigmatizing statements, made in connection with his discharge, foreclosed future employment opportunities, and the defen
• Daytona Rescue Mission, Inc. v. City of Daytona Beach
  885 F. Supp. 1554· M.D. Fla.· 1995-05-12 ·cited 1×
  The court held that the City's zoning code, as applied to deny a permit for a homeless shelter and food bank operated by a religious organization, did not violate the Free Exercise Clause, RFRA, the Establishment Clause, or the Equal Protection Clause.
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Smith v. Avino
  866 F. Supp. 1399· S.D. Fla.· 1994-10-20 ·cited 1×
  The court held that the county manager had final policy-making authority, making the county potentially liable under § 1983, and that the curfew was not unconstitutionally overbroad or vague.
• Church of Iron Oak v. City of Palm Bay
  868 F. Supp. 1361· M.D. Fla.· 1994-10-11 ·cited 1×
  The court held that it would not issue a temporary restraining order or preliminary injunction because plaintiffs had not shown a substantial likelihood of success on the merits and because abstention was appropriate pending a local zoning board decision.
• Susanno v. Lee Cnty. Bd. of Cnty. Comm'rs
  852 F. Supp. 980· M.D. Fla.· 1994-03-01 ·cited 1×
  The court held that the plaintiff failed to present sufficient evidence to create a jury question regarding her constitutional claims for freedom of speech, association, substantive due process, and procedural due process, as she was an at-will employee with no protected property
• Brown v. City of Margate
  842 F. Supp. 515· S.D. Fla.· 1993-12-29 ·cited 1×
  The court denied defendants' post-trial motions, finding sufficient evidence supported the jury's verdict and that the trial court did not err in its rulings.
• Restigouche, Inc. v. Town of Jupiter
  845 F. Supp. 1540· S.D. Fla.· 1993-12-15 ·cited 1×
  The court held that the plaintiff's federal takings claims were not ripe for review, and granted summary judgment for the defendant on the arbitrary and capricious due process claims, finding no substantial federal question.
• McMurtry v. City of Largo
  837 F. Supp. 1155· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that the Soldiers' and Sailors' Civil Relief Act does not provide a private cause of action, and the plaintiff failed to exhaust state remedies for his § 1983 claim.
• Patrick Media Grp., Inc. v. City of Clearwater
  836 F. Supp. 833· M.D. Fla.· 1993-10-22 ·cited 1×
  The court held that certain claims were not ripe for adjudication because the plaintiff had not exhausted state remedies for compensation, while other claims were sufficiently pleaded to proceed. The court also denied the motion to dismiss based on statute of limitations, laches,
• Hargray v. City of Hallandale
  830 F. Supp. 1467· S.D. Fla.· 1993-08-30 ·cited 1×
  The court held that Hargray's resignation was involuntary and constituted a deprivation of his property interest in continued employment without due process, making the City liable under 42 U.S.C. § 1983.
• D'Aguanno v. Gallagher
  827 F. Supp. 1558· M.D. Fla.· 1993-08-09 ·cited 1×
  Government officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, and plaintiffs failed to demonstrate such violations.
• Belair v. Lombardi
  828 F. Supp. 50· M.D. Fla.· 1993-08-03 ·cited 1×
  The court held that while federal question jurisdiction was not established because state law claims were also available, abstention under Younger v. Harris was appropriate, leading to dismissal.
• Colvin v. Curtis
  860 F. Supp. 1503· M.D. Fla.· 1993-07-30 ·cited 1×
  The court denied defendants' motion for judgment as a matter of law regarding the 42 U.S.C. § 1983 claim and punitive damages against the Sheriff, but granted the motion in part regarding the battery claim's jury instructions. The court also referred attorney's fees to a magistra
• Lobester James Loggins v. Delo
  999 F.2d 364· 8th Cir.· 1993-07-21 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that disciplinary action for an inmate's letter containing derogatory remarks about a mail clerk violated the inmate's First Amendment rights because the remarks did not implicate prison security, and the district court did not abuse its discretion in awarding atto
• Jensen v. Redev. Agency OF Sandy City
  998 F.2d 1550· 10th Cir.· 1993-07-15 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' Rule 56(f) affidavit for additional discovery, and that summary judgment was appropriate as the plaintiffs failed to establish a constitutionally protected property or liberty interest.
• Boutros v. Canton Reg'l Transit Auth.
  997 F.2d 198· 6th Cir.· 1993-06-30 ·cited 1×
  National origin harassment alone is not actionable under 42 U.S.C. § 1983; such harassment must rise to the level of a hostile work environment to be actionable.
• Outdoor Sys., Inc. v. City OF Mesa
  997 F.2d 604· 9th Cir.· 1993-06-30 ·cited 1×
  The sign codes do not facially violate the First Amendment or state constitutional free speech guarantees, nor do they effect an impermissible taking of property. The district court did not abuse its discretion in denying leave to amend the complaint.
• Hinton v. City OF Elwood
  997 F.2d 774· 10th Cir.· 1993-06-29 ·cited 1×
  The court held that the arresting officers' use of force did not rise to the level of a constitutional violation, and therefore affirmed the district court's dismissal of the appellant's claims against the officers and the city.
• King v. Fairman
  997 F.2d 259· 7th Cir.· 1993-06-18 ·cited 1×
  The court held that the evidence was insufficient to support a finding of deliberate indifference, and thus the district court properly granted judgment notwithstanding the verdict.