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

• Harris v. Cotte
  M.D. Fla.· 2025-01-28
  The court held that a prisoner's Eighth Amendment excessive force claim against an official was sufficiently pled, but official-capacity and declaratory judgment claims were dismissed as moot or barred by Eleventh Amendment immunity, and claims against an unidentified defendant w
• Jackson v. Moore
  N.D. Fla.· 2025-01-28
  The court recommended dismissal of the case without prejudice.
• McLean v. City of Quincy Fla.
  N.D. Fla.· 2025-01-28 ·via Section 1983
  The court held that the plaintiff failed to establish claims for age/disability discrimination and First Amendment retaliation because the adverse employment actions were based on performance issues, not discriminatory or retaliatory motives, and there was no evidence linking the
• Myers v. US Bank Nat'l Ass'n
  M.D. Fla.· 2025-01-27
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendants, as private entities, did not act under color of state law, and the complaint was a shotgun pleading.
• Short v. McCormick
  N.D. Fla.· 2025-01-27
  The court held that a prisoner who is a "three-striker" and fails to pay the filing fee, and does not allege imminent danger of serious physical injury, must have their case dismissed.
• Keaton v. Cartwright
  M.D. Fla.· 2025-01-27
  An inmate's Eighth Amendment excessive force claims against correctional officers arising from two cell extractions performed on July 11, 2018, failed because the undisputed evidence showed the officers used only the force necessary to overcome the inmate's non-compliance with la
• Blake v. White
  M.D. Fla.· 2025-01-27
  Kevin Lamar Blake, an inmate, brought a civil rights action under 42 U.S.C. § 1983 against four prison officials alleging sexual harassment, excessive force, retaliation, and denial of religious meals. The district court granted the defendants' motion to dismiss, finding that Bla
• Paulcin v. Chunn
  N.D. Fla.· 2025-01-24
  Claims arising after the case initiation date are dismissed for failure to exhaust administrative remedies, Fourteenth Amendment claims are dismissed for failure to state a claim, and official capacity claims are dismissed due to Eleventh Amendment immunity.
• Shaffer v. Scarborough
  M.D. Fla.· 2025-01-23
  The court held that the deputy did not have arguable probable cause to arrest the plaintiff for obstruction of justice, denying qualified immunity on the false arrest claim.
• Johnson v. Hillquist
  S.D. Fla.· 2025-01-23
  In this civil rights case, pro se plaintiff Johnson sued twenty defendants claiming a coordinated conspiracy to obstruct his underlying civil RICO litigation, bringing claims under 42 U.S.C. §§ 1983, 1985(3), and 1986. The court denied Johnson's motion to proceed in forma pauperi
• Johnson v. Crippen
  M.D. Fla.· 2025-01-23 ·via 42 U.S.C. § 1983 Action
  The court held that claims against Judge Campbell are dismissed with prejudice due to absolute judicial immunity, and claims against Crippen and Smith are dismissed without prejudice for lack of standing, with leave to amend.
• Scott v. Miami Dade Cnty.
  S.D. Fla.· 2025-01-23
  The court held that officers are entitled to qualified immunity on the false arrest and excessive force claims because the plaintiff failed to demonstrate a violation of clearly established constitutional rights or that the force used was excessive.
• Hall v. Harris
  M.D. Fla.· 2025-01-22
  Counts alleging violation of due process rights by using unqualified experts and racial discrimination in commitment proceedings are dismissed for failure to state a claim.
• Lee v. Gulfport City
  M.D. Fla.· 2025-01-22
  The court held that the plaintiff plausibly stated claims for substantive and procedural due process violations, and First Amendment retaliation, but dismissed the claim that the trespass policy was void for vagueness.
• Gordon v. Weems
  M.D. Fla.· 2025-01-21
  The court held that the plaintiff's second amended complaint failed to state a plausible claim for relief and improperly joined unrelated claims.
• Holt v. Hillsborough Cnty.
  M.D. Fla.· 2025-01-21
  The court granted the defendant's motion to dismiss, holding that the plaintiff failed to state a claim under § 1983 and that her state law claims for negligence and defamation were barred by sovereign immunity and failure to comply with statutory notice requirements.
• Bless v. Dixon
  M.D. Fla.· 2025-01-21
  The court held that the plaintiff inmate failed to exhaust his administrative remedies, requiring dismissal of his claims.
• Charles v. Orange Cnty. Jail
  M.D. Fla.· 2025-01-17
  A county jail is not a legal entity amenable to suit under 42 U.S.C. § 1983, and therefore, a complaint filed against it must be dismissed for failure to state a claim.
• Henderson v. FNU Gahrmann
  M.D. Fla.· 2025-01-16
  Official-capacity claims against state employees for damages are barred by the Eleventh Amendment, as they are equivalent to claims against the state itself, and the State of Florida has not waived its sovereign immunity.
• Butler v. Marion Cnty. Sheriff's Off.
  M.D. Fla.· 2025-01-15
  The court held that the plaintiff's claims against the judge and prosecutors are barred by immunity, the claim against the Sheriff's Office is improper, and the claims against the deputies are not clearly alleged, but granted plaintiff an opportunity to amend.
• Niemiec v. Hayes
  N.D. Fla.· 2025-01-14
  The court held that the plaintiff's complaint, based on fantastic and delusional allegations, is factually frivolous and should be dismissed with prejudice.
• Cook v. State
  M.D. Fla.· 2025-01-14
  The court adopted the magistrate judge's recommendation to deny the motion for default judgment and dismiss the amended complaint.
• Sanon v. Saint Lucie Cnty. Jail
  S.D. Fla.· 2025-01-14
  The court held that claims for inmate account withdrawals between 2015-2018 are dismissed with prejudice as time-barred, and a claim for a 2024 withdrawal fails to state a procedural due process violation and is dismissed without prejudice.
• Bienaime v. Dep't of Child. & Families
  S.D. Fla.· 2025-01-14
  The court granted the motions to dismiss because the Second Amended Complaint was a "shotgun pleading" that failed to comply with Rule 8(a)(2).
• Nicolas v. O'Donnell
  S.D. Fla.· 2025-01-13
  The court held that the pro se plaintiff's complaint must be dismissed because his claims, if successful, would necessarily imply the invalidity of his conviction, and he sued defendants who are immune or not state actors.
• Hilton v. Lulking
  M.D. Fla.· 2025-01-13
  The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment and declined to exercise supplemental jurisdiction over state law claims.
• Smith Jr. v. Poveda
  S.D. Fla.· 2025-01-13
  The court held that the plaintiff's complaint failed to state a plausible claim for relief under § 1983.
• Godhigh v. S. Fla. Reception Ctr.
  S.D. Fla.· 2025-01-13
  A prisoner who has had three or more prior actions dismissed as frivolous, malicious, or failing to state a claim, and who has not paid the filing fee or demonstrated imminent danger, must have their complaint dismissed under the 'three-strikes' provision.
• Jackson v. Unknown
  N.D. Fla.· 2025-01-10 ·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's failure to accurately disclose prior litigation history on a complaint form, even if unintentional, constitutes an abuse of the judicial process and warrants dismissal of the case without prejudice as malicious.
• Short v. Adkinson
  N.D. Fla.· 2025-01-10
  The court held that the case should be dismissed without prejudice due to the plaintiff's failure to comply with court orders regarding payment of filing fees or submission of an IFP motion.
• Short v. Adkison
  N.D. Fla.· 2025-01-10
  The court recommended dismissal of the case without prejudice because the plaintiff failed to comply with court orders and pay the initial partial filing fee.
• Walton v. Merrett
  M.D. Fla.· 2025-01-08
  The Court adopts the Magistrate Judge's recommendation to dismiss federal claims and decline supplemental jurisdiction over state-law claims.
• Graham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-01-07
  The court held that the plaintiff's complaint was deficient and failed to state a claim upon which relief could be granted.
• Smith Jr. v. Rosado
  S.D. Fla.· 2025-01-06
  The court held that a complaint that is a duplicate of a previously filed amended complaint is considered malicious and subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(i).
• Short v. Freeman
  N.D. Fla.· 2025-01-06
  The court recommended dismissal of the case without prejudice.
• Casey v. Florida Dept of Corrections
  N.D. Fla.· 2025-01-06
  A prisoner with three prior dismissals ('three strikes') cannot proceed in forma pauperis unless they allege imminent danger of serious physical injury at the time of filing.
• Baker v. Shelly
  M.D. Fla.· 2025-01-03
  The court held that the plaintiff failed to state a claim for an Eighth Amendment violation under 42 U.S.C. § 1983 against the defendants.
• Estate v. Moreno
  S.D. Fla.· 2025-01-03
  The court held that nine federal counts based on criminal statutes do not create private causes of action and thus do not sustain federal question jurisdiction. The remaining two federal counts were deemed insubstantial and frivolous.
• Jean-Baptiste v. United States Dep't of Just.
  S.D. Fla.· 2025-01-03
  The court recommends denying the plaintiff's motion to file a petition because his claims are frivolous and lack arguable merit.
• Metroka v. Joseph
  S.D. Fla.· 2025-01-03
  The court held that the plaintiff's claims were barred by the Eleventh Amendment and sovereign immunity, and she failed to state a plausible claim for relief under § 1983.
• Kelly v. Bartow Police Dep't
  M.D. Fla.· 2024-12-26
  The court held that the plaintiff failed to sufficiently allege municipal liability under § 1983 for malicious prosecution, but stated claims for state law false arrest and false imprisonment, as the issue of probable cause could not be resolved on a motion to dismiss.
• Awolowo v. Carlisle
  N.D. Fla.· 2024-12-23
  The court held that the plaintiff's second amended complaint fails to state a claim upon which relief can be granted and should be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii).
• Rivera v. Manatee Cnty. Cent. Jail
  M.D. Fla.· 2024-12-23
  A pro se complaint alleging medical malpractice against a private hospital fails to state a civil rights claim because it does not allege state action, and negligence alone is insufficient for a Section 1983 claim.
• Jones v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-12-23
  The court held that the habeas corpus application was premature and dismissed it, denying a Certificate of Appealability and leave to appeal in forma pauperis.
• Calisi v. Volusia Cnty. Dep't of Corr.
  M.D. Fla.· 2024-12-20
  The court held that the amended complaint fails to state claims against most defendants due to insufficient identification or lack of factual allegations, but allows the excessive force claim against Lieutenant DeEsposito to proceed.
• Santiago v. Fisher
  M.D. Fla.· 2024-12-20
  An inmate at a Florida correctional facility sued four correctional officers for excessive force under the Eighth Amendment, alleging they sprayed him with chemical agents three times and punched him during a cell extraction on December 7, 2021. The court granted summary judgment
• Lewis v. Palm Beach Cnty. Sheriff's Off.
  S.D. Fla.· 2024-12-19
  The court held that some claims, including deliberate indifference and First Amendment retaliation, could proceed, while others, particularly policy-based claims against supervisory officials and entities, were dismissed for failure to state a claim.
• Doe v. Campbell Drive K-8 Ctr.
  S.D. Fla.· 2024-12-19
  The court held that the school is a proper party to dismiss, but the Title IX, Section 1983, and state-law negligence claims against the school board can proceed. The court found sufficient allegations of notice and deliberate indifference for the federal claims and sufficient pl
• Shannon v. Hale
  M.D. Fla.· 2024-12-17
  The court held that punitive damages are not statutorily barred in prisoner civil rights actions under 18 U.S.C. § 3626, but a request for a prison transfer is dismissed as it is a matter of prison administration.
• Cowart v. Duro
  M.D. Fla.· 2024-12-17
  The court held that the plaintiff's second amended complaint, which relied on criminal statutes and failed to comply with pleading rules and prior court orders, should be dismissed without prejudice.