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

• M.C. Zapata v. Quinn
  707 F.2d 691· 2d Cir.· 1983-05-17 ·cited 1×
  The court affirmed the dismissal of the action, finding no jurisdiction under the alien tort statute and that the plaintiff failed to state a claim.
• Branch v. Cole
  686 F.2d 264· 5th Cir.· 1982-09-20 ·cited 1×
  A trial court may not deny a request for appointed counsel in a 42 U.S.C. § 1983 action solely due to the unavailability of lawyers willing to work for free; the court must determine if exceptional circumstances exist.
• Quintin Orpiano v. Johnson
  687 F.2d 44· 4th Cir.· 1982-09-10 ·cited 1×
  A prisoner's § 1983 action challenging conditions of confinement can be referred to a magistrate without the prisoner's consent, but the district court must conduct a de novo review of factual objections raised by the prisoner.
• Ryan v. Mansfield State Coll.
  677 F.2d 354· 3d Cir.· 1982-05-04 ·cited 1×
  The court held that because the plaintiff did not prevail in his underlying constitutional claim, he is not entitled to attorney's fees under 42 U.S.C.A. § 1988.
• Fla. Women's Med. Clinic, Inc. v. Smith
  536 F. Supp. 1048· S.D. Fla.· 1982-03-12 ·cited 1×
  The court held that Florida's statutory and regulatory scheme, as applied to first trimester abortions, impermissibly infringes upon the constitutional right to privacy and is not justified by a compelling state interest.
• Hepperle v. Panama Mach. & Supply Co.
  532 F. Supp. 1085· N.D. Fla.· 1982-02-23 ·cited 1×
  Prevailing defendants are entitled to attorney fees under 42 U.S.C. § 1988 if the plaintiff's lawsuit was frivolous, unreasonable, or without foundation.
• Arnold v. Duval Cnty. Sch. Bd.
  549 F. Supp. 25· M.D. Fla.· 1981-12-10 ·cited 1×
  The court held that the plaintiff's action was barred by the two-year statute of limitations because she failed to timely pursue available state remedies.
• Jackson v. The Honorable Arturo Cintron Garcia
  665 F.2d 395· 1st Cir.· 1981-11-12 ·cited 1×
  A federal court injunction to compel a state court to conduct proceedings in English is barred by the Younger doctrine, absent compelling circumstances and a showing of irreparable harm.
• Executive Servs. of Miami, Inc. v. S. Bell Tel. & Tel. Co.
  514 F. Supp. 430· S.D. Fla.· 1981-05-13 ·cited 1×
  The court held that the plaintiff was unlikely to prevail on the merits of its claims for a preliminary injunction, as yellow page advertising is not a public utility function and the defendant's refusal to publish certain trade names was not a violation of state or federal law.
• Dan v. Town OF Goshen
  635 F.2d 954· 2d Cir.· 1980-10-22 ·cited 1×
  The court held that the town's management of the Arcadia Hills Water District by a board elected by all town residents satisfied the rational basis test, and that claims of discrimination in water rates and supply were insufficient.
• George v. Evans
  620 F.2d 495· 5th Cir.· 1980-06-30 ·cited 1×
  The court held that an isolated assault by a prison guard on an inmate is not cruel and unusual punishment under the Eighth Amendment.
• Duncan v. Edwards
  600 F.2d 1069· 5th Cir.· 1979-07-31 ·cited 1×
  The court affirmed the judgment against deputies Dykes and Binder for false arrest but reversed the judgment against deputy Carr due to lack of evidence of his involvement.
• Sims v. Young
  556 F.2d 732· 5th Cir.· 1977-07-27 ·cited 1×
  The court held that the plaintiff had standing to challenge the application of a city rule suspending him, and that the case should be remanded for further factual development on the merits and disposition of pendent state claims.
• Stephenson v. Gaskins
  539 F.2d 1066· 5th Cir.· 1976-09-30 ·cited 1×
  A sheriff's immunity from civil rights suits is qualified, not absolute, and claims of false imprisonment and denial of bail, if properly pleaded, state a claim for relief.
• Ellingburg v. Lloyd
  491 F.2d 728· 8th Cir.· 1974-02-20 ·cited 1×
  The court affirmed the dismissal of the appellant's petition, agreeing that it was frivolous.
• Univ. DAY Care Ctr., Inc. v. Temple University-Of the Commonwealth OF Higher Educ.
  442 F.2d 1116· 3d Cir.· 1971-04-30 ·cited 1×
  The federal court affirmed the dismissal of the complaint, finding that state law issues should be resolved by the state court first.
• King v. Sheriff, Joe Adams
  410 F.2d 455· 5th Cir.· 1969-04-28 ·cited 1×
  Federal courts will not interfere with state criminal law administration absent extraordinary circumstances.
• Pen Am. Ctr., Inc. v. Adams
  11th Cir.· 2026-10-19
  School board members' votes to remove specific books from school libraries as applications of preexisting policies are administrative acts, not legislative acts, and therefore are not protected by legislative privilege. The board's prior adoption of policies requiring removal of
• Henry v. Sheriff of Tuscaloosa Cnty.
  11th Cir.· 2026-09-29 ·via 42 U.S.C. § 1983 Civil Rights Action
  A state law that categorically prohibits a parent convicted of a sex offense involving child pornography from residing with or conducting overnight visits with his own child violates substantive due process as applied to a non-contact offender who poses no demonstrable danger to
• Kandace Edwards v. Randolph Cnty. Sheriff
  11th Cir.· 2026-09-28 ·via 42 U.S.C. § 1983 Civil Rights Action
  A defendant cannot moot a class action by voluntarily changing the challenged conduct mid-litigation; the voluntary-cessation doctrine applies where the defendant's change in policy resulted from litigation pressure and lacks clear permanence, allowing the class to pursue facial
• Mueller v. Walmart Corp.
  11th Cir.· 2026-09-16
  A district court does not abuse its discretion by exercising supplemental jurisdiction over some state-law claims while declining jurisdiction over others after dismissing all federal claims; such claim-by-claim assessment is permitted by 28 U.S.C. § 1367(c) and is not a per se a
• Waller v. Bd. of Regents of the Univ. Sys. of Ga.
  11th Cir.· 2026-08-10
  A student's admission letter and student handbook do not constitute a written contract waiving a state university's sovereign immunity under Georgia law when the documents fail to specify in writing the consideration moving from the student to the university, which is an essentia
• Phillips v. City of Hanceville
  11th Cir.· 2026-08-04
  Officers Duncan and Howell had probable cause to arrest Phillips for disorderly conduct and trespass, the force used during arrest and in the booking room was de minimis and reasonable, and the City is not liable absent a constitutional violation.
• HM Florida-ORL, LLC v. Sec'y of the Fla. Dep't of Bus.
  11th Cir.· 2026-08-04 ·via 42 U.S.C. § 1983 Civil Rights Action
  The district court lacked authority to issue a universal injunction against enforcement of Florida's Protection of Children Act because universal injunctions exceed a federal court's equitable authority under the Judiciary Act, as established in Trump v. CASA, Inc., and no except
• Jones v. Dep't of Health
  Fla. 1st DCA· 2026-07-29
  Jones failed to establish a prima facie case under Florida's public sector Whistle-blower's Act because she made no written and signed complaint to a specified recipient before her termination, and the statute does not recognize a cause of action for preemptive retaliation based
• Est. of Lane Caviness v. Atlas Air, Inc.
  11th Cir.· 2026-07-10 ·via 42 U.S.C. § 1983 Civil Rights Action
  The district court properly lacked personal jurisdiction over Flight Services International because the company, incorporated and headquartered in Texas, had insufficient contacts with Florida; employees' brief attendance at training sessions in Miami did not establish general ju
• Edwards v. Officer J. Grubbs
  11th Cir.· 2026-06-30 ·via 42 U.S.C. § 1983 Civil Rights Action
  Officer Grubbs violated Mr. Blasingame's clearly established Fourth Amendment right to be free from excessive force when he tased an unarmed, non-dangerous panhandling suspect fleeing on foot in a vulnerable elevated position (a steep embankment) without warning, and qualified im
• Johnson v. Mayor, City of Jacksonville
  11th Cir.· 2026-06-10
  A plaintiff lacks Article III standing to challenge the government's maintenance of Confederate memorials and street names based on psychological injury from viewing them, as such injury is neither concrete nor particularized but rather a generalized grievance shared by all who o
• Marbut v. Phillips
  11th Cir.· 2026-05-22
  The officers are entitled to qualified immunity from Marbut's unlawful-seizure claim because they had an arguable basis to seize her under the emergency-aid doctrine, which requires only an objectively reasonable basis for believing intervention is needed to prevent serious harm,
• Clarissa Gilmore v. Ga. Dep't of Corr.
  11th Cir.· 2026-04-20
  On remand following en banc reversal, the case is remanded to the district court for further proceedings consistent with the en banc opinion that reversed summary judgment on qualified immunity grounds.
• Joyner v. City of Atlanta
  11th Cir.· 2026-03-25
  The Eleventh Circuit reversed the grant of summary judgment for defendants on the plaintiff's First Amendment retaliation claim, finding that the removal of his flexible schedule could constitute an adverse employment action.
• Harrius Johnson v. Miami-Dade Cnty.
  11th Cir.· 2026-03-19
  Harrius Johnson, an African American police officer, sued Miami-Dade County for racial discrimination and retaliation after his termination. The Eleventh Circuit affirmed summary judgment for the County, holding that Johnson failed to establish a prima facie case of discriminatio
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Seiglie v. City of Doral
  S.D. Fla.· 2026-02-10
  The court held that Plaintiff's Title VII and § 1983 claims fail, but his ADEA claim survives the motion to dismiss.
• Daniels v. Barber
  N.D. Fla.· 2026-02-06
  Roy O. Daniels, a pro se plaintiff, sought to proceed in forma pauperis in a civil rights action against two private individuals. The district court dismissed the case under the "three strikes" statute (28 U.S.C. §1915(g)) after adopting the magistrate judge's recommendation, and
• Jafet Castro-Reyes v. German Bosque
  11th Cir.· 2026-02-06
  A 19-year-old experiencing a mental health crisis was restrained by family members who called 911, and police officers responded and used force including tasers and punches while attempting to detain and handcuff him. The Eleventh Circuit reversed qualified immunity for officers
• James v. Detective Kevin Conley
  S.D. Fla.· 2026-02-03
  Thomas Raynard James, wrongly convicted of murder in 1991 based on photo array identifications and arrested without sufficient exculpatory evidence, sued detectives under 42 U.S.C. § 1983 for constitutional violations. The court granted summary judgment in favor of the detectives
• Andrews v. Ric Bradshaw
  S.D. Fla.· 2026-02-02
  The court held that the plaintiff's complaint was deficient for multiple reasons, including using the wrong form, being a shotgun pleading, and an insufficient IFP motion, warranting dismissal without prejudice.
• Timberlake v. Palm Beach Cnty. Sheriff's Off.
  S.D. Fla.· 2026-01-30
  The court granted the plaintiff's motion to proceed in forma pauperis but required an amended complaint because the original complaint failed to state a claim upon which relief could be granted.
• Murphy v. Del. State Police Officer Corporal Dempsey R. Walters
  Del.· 2026-01-30
  The Delaware Supreme Court refused certification of an interlocutory appeal from a Superior Court decision that prohibited plaintiffs from naming unknown police officers as Jane Doe and John Doe defendants in a civil rights lawsuit. Plaintiffs argued that the Law Enforcement Offi
• Hughes v. Locure
  11th Cir.· 2026-01-29
  The Eleventh Circuit held that the officer's conduct, while egregious, did not violate a clearly established constitutional right, and therefore qualified immunity should be granted.
• Jordan v. Sheriff Richard Del Toro
  S.D. Fla.· 2026-01-26
  Summary judgment is granted for defendants because plaintiff was not denied outdoor exercise and his legal mail was handled appropriately according to jail policy.
• Murphy v. Miami-Dade Cnty. Gov't Auth.
  S.D. Fla.· 2026-01-26
  The court granted the motions to dismiss, finding the federal takings claim failed for not alleging public use and dismissing state law claims for lack of jurisdiction.
• Kenney v. Goetz
  M.D. Fla.· 2026-01-20
  The court granted motions to dismiss, finding no constitutional violation for arrest without probable cause and dismissing other claims due to procedural issues or lack of legal entity.
• Holton v. Fla. Dep't of Revenue
  M.D. Fla.· 2026-01-16
  The court adopted the magistrate judge's recommendation to dismiss the plaintiff's amended complaint without leave to amend, denying his motion to proceed in forma pauperis.
• Duarte v. Trooper Javier Rivera and Florida Highway Patrol
  M.D. Fla.· 2026-01-16
  The court granted the motions to dismiss, finding that the Florida Highway Patrol is immune from suit in federal court under the Eleventh Amendment and that Trooper Rivera is entitled to qualified immunity on the federal claims.
• Anderson v. Centurion of Fla. LLC
  M.D. Fla.· 2026-01-15
  Former and current female inmates at a Florida correctional facility sued medical contractor Centurion under 42 U.S.C. § 1983, alleging sexual assaults by one of its physicians, Dr. Ader Benoit, during gynecological appointments violated their Eighth Amendment rights and that Cen
• Rohlsen v. Fla. Dep't of Child. & Families
  M.D. Fla.· 2026-01-15
  The court held that claims seeking review of state court custody decisions are barred by the Rooker-Feldman doctrine, and the complaint is dismissed as a shotgun pleading, but with leave to amend.
• Anderson v. Centurion of Fla. LLC
  M.D. Fla.· 2026-01-15
  The court held that a genuine issue of material fact exists regarding Ms. Johnson's claim, but Ms. Anderson's claim from a prior date is time-barred.
• Lozano v. U.S. Immigration and Customs Enforcement
  M.D. Fla.· 2026-01-15
  The pro se habeas corpus petition is denied because the claims are not cognizable under § 2241 and the detention is not constitutionally excessive.