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

• White v. Gerack
  M.D. Fla.· 2025-03-06
  The court held that the prisoner's complaint failed to state a claim for cruel and unusual punishment under the Eighth Amendment.
• MacIntyre v. City of Palm Bay
  M.D. Fla.· 2025-03-06
  The court held that the officers were entitled to qualified immunity, thus dismissing the federal claims and declining supplemental jurisdiction over state law claims.
• Bargnare v. Smith
  N.D. Fla.· 2025-03-06
  The court held that the plaintiff's claims are barred by the Rooker-Feldman doctrine, which prevents federal courts from exercising jurisdiction over cases that function as appeals of state court judgments.
• Stewart v. Brevard Cnty.
  M.D. Fla.· 2025-03-06
  The court held that the plaintiff's claims were not ripe because he had not received a final decision from the County regarding his waiver request, nor had he sufficiently demonstrated futility in seeking such a decision.
• Riess v. Palm Beach Sheriff's Off.
  S.D. Fla.· 2025-03-06
  The court held that the pro se plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
• Bounce v. City of Miami Beach
  S.D. Fla.· 2025-03-06
  The court held that the pro se plaintiff's complaint failed to state a claim upon which relief could be granted under the Eighth Amendment, Fourteenth Amendment Equal Protection Clause, or for false arrest and due process violations.
• Phillips v. Dixon
  N.D. Fla.· 2025-03-05
  The court granted the motions to dismiss, finding that the plaintiff failed to state claims under the Eighth Amendment, Equal Protection, and Due Process clauses, and that damages claims were barred by the Eleventh Amendment.
• Sheets v. Prummell
  M.D. Fla.· 2025-03-05
  The court held that claims against Deputy Williams in his official capacity are dismissed as duplicative, but individual capacity claims for viewpoint discrimination and retaliation survive. Prior restraint claim against Deputy is dismissed due to qualified immunity. Monell claim
• Gay v. Centurion Health
  M.D. Fla.· 2025-03-04
  The court held that the plaintiff failed to state a plausible § 1983 claim against Centurion, LLC, because he did not allege a policy or custom of deliberate indifference. The claims against Centurion were dismissed without prejudice.
• White v. Eslinger
  M.D. Fla.· 2025-03-04
  The court affirmed the magistrate judge's order denying the plaintiff's motion for sanctions, finding it was untimely and that the magistrate did not commit clear error.
• Pritchett v. Hughes
  M.D. Fla.· 2025-03-04
  The court held that a federal court must abstain from interfering with ongoing state criminal proceedings and that certain state officials are immune from suit under 42 U.S.C. § 1983.
• Stewart v. Doe
  M.D. Fla.· 2025-03-04
  Verbal sexual harassment and gestures by a prison official, without more, do not rise to the level of a constitutional violation under the Eighth Amendment.
• White v. Murphy
  M.D. Fla.· 2025-03-03
  The court held that the plaintiff's allegations against Nurse Bader did not sufficiently state a claim for deliberate indifference to a serious medical need.
• Parsons v. Ivey
  M.D. Fla.· 2025-03-03
  Plaintiff Parsons sued defendants under 42 U.S.C. § 1983 for conditions of confinement at Brevard County Jail. The district court dismissed the action without prejudice for lack of prosecution after Plaintiff failed to comply with an order to amend his in forma pauperis motion or
• Scholtz v. Prummell
  M.D. Fla.· 2025-02-27
  The court dismissed the plaintiff's case for failure to prosecute.
• Johnson v. Fla. Dep't of Juv. Just.
  M.D. Fla.· 2025-02-27
  The court granted in part and denied in part the motion to dismiss, dismissing the negligent supervision and retention claim (Count VI) but allowing the Florida Whistleblower Act claim (Count VII) to proceed.
• Chanon Miller v. Ramirez
  11th Cir.· 2025-02-27
  The district court erred by failing to rule on the defense of qualified immunity raised in a motion to dismiss, as qualified immunity shields defendants from the burdens of litigation and must be resolved at the earliest possible stage.
• Allen v. Martin
  N.D. Fla.· 2025-02-27
  A prisoner's civil rights complaint is dismissed without prejudice as malicious for failing to truthfully disclose prior litigation history on the court form.
• Burton v. Collins
  M.D. Fla.· 2025-02-26
  The court held that the plaintiff violated a prior filing injunction and dismissed the action sua sponte.
• Holland v. Mundella
  M.D. Fla.· 2025-02-26
  The court held that the plaintiff sufficiently pleaded an Eighth Amendment excessive force claim against the defendant in his individual capacity, but claims against the defendant in his official capacity are barred by Eleventh Amendment immunity.
• Scocozzo v. Rhoden
  M.D. Fla.· 2025-02-25
  The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was subject to dismissal under the PLRA.
• Clark v. Collier Cnty. Sheriff Kevin Rambosk
  M.D. Fla.· 2025-02-24
  The court held that the deputy had probable cause for the arrest based on a modified exhaust violation and resisting arrest, thus granting qualified immunity and dismissing the § 1983 claims.
• Dorey v. Hartmann
  M.D. Fla.· 2025-02-24
  Earl Lee Dorey sued law enforcement officers under 42 U.S.C. Section 1983, claiming they used excessive force against him during an arrest in September 2019, when deputies attempted to apprehend him at a residence in Oxford, Florida. The district court granted the defendants' mot
• Sherman v. Polk
  M.D. Fla.· 2025-02-24
  The court held that the plaintiff's complaint failed to state a plausible claim for relief against most defendants and was dismissed without prejudice.
• Soanes v. Maddox
  M.D. Fla.· 2025-02-21
  Keith Soanes, an inmate in the Florida Department of Corrections, filed a pro se civil rights complaint alleging that defendants violated his First and Fourteenth Amendment rights by deleting his incoming and outgoing emails and scanned mail without notice, and by issuing vague c
• Williams v. Gonzalez
  N.D. Fla.· 2025-02-20
  Claims against two officers are dismissed for failure to exhaust administrative remedies, and the negligence claim against the remaining officer is dismissed due to sovereign immunity, but the request for punitive damages may proceed.
• Alexander v. Orlando Police Dep't
  M.D. Fla.· 2025-02-18
  The court held that the defendants' motions for summary judgment must be granted because the plaintiff failed to establish a constitutional violation or that the officer's actions violated clearly established law, thus entitling the officer to qualified immunity.
• Deppe v. Sovinski
  M.D. Fla.· 2025-02-18
  The court held that the defendants are entitled to qualified immunity because they acted within the scope of their discretionary authority and the plaintiff failed to demonstrate that their actions violated clearly established law.
• Marcano v. Orange Cnty. Sheriff Off.
  M.D. Fla.· 2025-02-18
  The court granted defendants' motions to dismiss, allowing plaintiffs to file an amended complaint.
• Virtue v. Yes Care LLC
  M.D. Fla.· 2025-02-14
  The court held that the plaintiff failed to state a claim for deliberate indifference against the Jane Doe defendants, Charlotte County Jail, and Charlotte Behavioral Health, but the claims against Yes Care LLC and Dr. Safron may proceed.
• Adams v. Tollick
  M.D. Fla.· 2025-02-14
  The denial of a tablet to an inmate does not constitute a deprivation that is objectively serious enough to violate the Eighth Amendment's prohibition against cruel and unusual punishment.
• Thomas v. Hyler
  M.D. Fla.· 2025-02-14
  The court held that the plaintiff's claims for false arrest, false imprisonment, malicious prosecution, trespass, and failure to train were properly dismissed for failure to state a claim and lack of response to the motion to dismiss.
• Burno v. Lake Tech Inst. of Pub. Safety
  M.D. Fla.· 2025-02-13
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 due to pleading deficiencies, improper parties, and Eleventh Amendment immunity, but granted leave to amend.
• Hendry v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  A trial court abuses its discretion when it admits evidence of racial discrimination in a case where the plaintiff failed to plead racial discrimination in the operative complaint. The plaintiff must plead both his race and that he was arrested for racial reasons; evidence of dis
• Green v. Wilkinson
  M.D. Fla.· 2025-02-11
  The court adopted the magistrate judge's recommendation to deny the plaintiff's motion to proceed in forma pauperis and dismiss the action with prejudice.
• Lanza v. City of Miami
  S.D. Fla.· 2025-02-11
  The court recommended granting the City's motion to dismiss, finding both the § 1983 claim and the wrongful death claim failed to state a plausible claim for relief.
• Kalchbrenner v. City of Bradenton
  M.D. Fla.· 2025-02-07
  A public employee cannot bring a class-of-one equal protection claim, and speech made in the course of employment duties is not protected by the First Amendment.
• Taveras v. Fla. Dep't of Transp.
  S.D. Fla.· 2025-02-07
  The court denied the plaintiff's motion for reconsideration of the prior order dismissing his complaint and denying leave to amend.
• Hickman v. Jordan
  M.D. Fla.· 2025-02-07
  The court held that the plaintiffs' motion for a temporary restraining order and preliminary injunction was denied without prejudice due to failure to comply with procedural requirements.
• Williams v. Dep't of Corr.
  N.D. Fla.· 2025-02-06
  The court recommended denying the petition for a writ of mandamus because the federal mandamus statute does not permit relief against state actors and 42 U.S.C. § 1983 addresses the constitutional issues raised.
• Merrill v. Fla. Dep't of Corr.
  N.D. Fla.· 2025-02-05
  The court held that a prisoner's failure to accurately disclose his litigation history on a court form, when signed under penalty of perjury, constitutes an abuse of the judicial process justifying dismissal of the case as malicious.
• Baker v. Shelly
  M.D. Fla.· 2025-02-04
  The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted against any defendant.
• Wright v. WS
  N.D. Fla.· 2025-02-04
  The court held that the plaintiff's case should be dismissed with prejudice because he is barred from filing by a prior sanction, he is a "three-striker" under the PLRA, and his claims are frivolous and barred by judicial immunity.
• Sevilla v. Manatee Cnty. Sheriff
  M.D. Fla.· 2025-01-31
  The court held that the pro se plaintiff's complaint failed to state a claim for excessive force and that the Sheriff's Office was not a suable entity.
• Taylor v. Hall
  M.D. Fla.· 2025-01-29
  The court held that the plaintiff's complaint was deficient for failing to state a claim under 42 U.S.C. § 1983 and § 1985, and that the Sheriff's Department was not a suable entity.
• Smith v. Slimak
  S.D. Fla.· 2025-01-29
  The court held that the plaintiff's claim for unlawful arrest/false imprisonment under 42 U.S.C. § 1983 against Officer Slimak stated a plausible claim for relief, but other claims against Slimak and Miami-Dade County were dismissed.
• Godhigh v. Officer Marshall
  S.D. Fla.· 2025-01-29
  A prisoner with three or more prior dismissals for frivolous, malicious, or failure-to-state-a-claim actions is barred from proceeding in forma pauperis unless under imminent danger of serious physical injury.
• Wilson v. Lamb
  M.D. Fla.· 2025-01-29
  The court held that while the plaintiff sufficiently alleged imminent danger to proceed in forma pauperis, his claims against Warden Lamb failed to state a plausible claim for relief, and claims unrelated to the initial incident were dismissed.
• Harrington v. Veritext, LLC
  S.D. Fla.· 2025-01-29
  The court held that it has subject matter and personal jurisdiction and that no abstention doctrine applies, thus the motion to remand should be denied.
• Hatcher v. State
  M.D. Fla.· 2025-01-29
  The court held that a state prisoner's claims challenging his conviction or sentence must be brought via habeas corpus, not a § 1983 action, and that the state itself is not a "person" amenable to suit for monetary damages under § 1983.