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

• Johnson v. Fla. Dep't of Juv. Just.
  M.D. Fla.· 2024-12-16
  The court granted in part and denied in part the defendants' motion to dismiss, clarifying which claims could proceed against which defendants and ordering the plaintiff to file a second amended complaint.
• Walker v. Vandigo
  M.D. Fla.· 2024-12-16
  The court held that the plaintiff failed to state an Eighth Amendment claim against the medical defendant and denied his request for injunctive relief.
• Andrews v. McKinney
  M.D. Fla.· 2024-12-16
  The court held that the plaintiff inmate failed to state a claim for violations of the Eighth and Fourteenth Amendments, and thus the case is dismissed.
• McKinnon v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-12-16
  The court held that the plaintiff failed to state claims against most defendants and for most claims, but an excessive force claim against one defendant in his individual capacity will proceed.
• Sullivan v. Smith
  N.D. Fla.· 2024-12-16
  The court recommended dismissal of the case without prejudice.
• Mack v. City of Marianna
  N.D. Fla.· 2024-12-13
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the city or the police captain, and recommended declining supplemental jurisdiction over the state law claims.
• Donton v. Soc. Sec. Admin.
  N.D. Fla.· 2024-12-13
  The court recommended dismissal of the case because the plaintiff failed to prosecute and comply with court orders.
• Ratley v. Inch
  M.D. Fla.· 2024-12-13
  Inmate Michael Steven Ratley sued Florida Department of Corrections officials, alleging they violated his Eighth Amendment rights by failing to protect him from a correctional officer's 2019 assault and by being deliberately indifferent to his serious medical needs following the
• Fleuranville v. Miami-Dade Cnty.
  S.D. Fla.· 2024-12-13
  The court recommended granting defendants' motion for attorney's fees because the plaintiff's claims were frivolous, unreasonable, or without foundation.
• Almonte v. WON
  N.D. Fla.· 2024-12-13
  The court held that the complaint must be dismissed because the defendant judges are entitled to absolute judicial immunity for the acts alleged.
• Sheets v. Jimenez
  M.D. Fla.· 2024-12-12
  The court held that the officers are entitled to qualified immunity on most claims, and the city is not liable under Monell, as the plaintiff failed to state a constitutional violation. Claims against officers in their official capacity are dismissed as duplicative.
• Blake v. Young
  M.D. Fla.· 2024-12-11
  The court held that the plaintiff's direct emergency grievance, denied because the matter was under investigation, constituted exhaustion of administrative remedies, and that the plaintiff's alleged injuries were sufficient to overcome the PLRA's de minimis physical injury requir
• Henderson v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-12-10
  The court dismissed the complaint without prejudice, finding that abstention under Younger v. Harris was required due to a pending state proceeding and that the plaintiff failed to state a claim under federal law.
• Lowrie v. McCollough
  N.D. Fla.· 2024-12-10
  The court held that the prisoner's complaint failed to state a claim for an Eighth Amendment violation because the alleged force was de minimis and not applied maliciously and sadistically.
• Haynes v. Burnham
  M.D. Fla.· 2024-12-06
  The court held that the plaintiff's excessive force and Eighth Amendment claims are not barred by Heck v. Humphrey, and he has alleged sufficient physical injury to pursue compensatory damages under 42 U.S.C. § 1997e(e), and punitive damages are available. However, the ADA claim
• Mincieli v. Carlin
  M.D. Fla.· 2024-12-05
  The court held that a pro se plaintiff's complaint was insufficient and dismissed it with leave to amend because it failed to state a plausible claim for relief.
• Cannon v. Chase
  N.D. Fla.· 2024-12-04
  The court held that the plaintiff failed to state a claim against the police department and officers, warranting dismissal.
• Lopez v. City of Opa-Locka
  S.D. Fla.· 2024-12-02
  The court held that the plaintiff failed to plead sufficient factual allegations to plausibly establish a municipal policy or custom that was the moving force behind her alleged constitutional deprivations under section 1983.
• Christensen v. Bowden
  M.D. Fla.· 2024-12-02
  The court held that RFRA claims are dismissed, RLUIPA and KKK Act claims are dismissed, and compensatory damages are dismissed due to lack of physical injury, but Fourteenth Amendment Equal Protection and First Amendment Free Exercise claims for nominal and punitive damages may p
• White v. Eslinger
  M.D. Fla.· 2024-11-27
  The district court affirmed the magistrate judge's order denying the plaintiff's motions to compel, finding no part of the order was clearly erroneous or contrary to law.
• White v. Eslinger
  M.D. Fla.· 2024-11-27
  In a 42 U.S.C. § 1983 prisoner civil rights action, the district court granted a pro se plaintiff's motion to waive Local Rule 3.04's fourteen-day notice requirement for depositions, finding good cause based on mail delays and an approaching discovery deadline.
• Guerrero Lozano v. Rambosk
  M.D. Fla.· 2024-11-26
  The court granted the plaintiff's motion for leave to amend his complaint and dismissed the claims against the original defendants, allowing the case to proceed against a newly identified defendant.
• Provitola v. Comer
  M.D. Fla.· 2024-11-26
  The court granted defendants' motion for appellate attorney fees and costs, awarding them $8,458.55.
• Harris v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-11-26
  The court held that the plaintiff exhausted administrative remedies for his religious services claim but failed to exhaust for his religious headgear claim.
• Macker v. Macker
  M.D. Fla.· 2024-11-25
  A pro se litigant sued the Perdue, Brandon, Fielder, Collins & Mott law firm and five Volusia Sheriff's Office officers, alleging an extensive conspiracy to defraud him and others through fraudulent collection practices and unconstitutional conduct over a twenty-year period. The
• Burton v. Smith
  M.D. Fla.· 2024-11-25
  The court held that official capacity claims are dismissed due to sovereign immunity, but it is premature to dismiss claims for compensatory and punitive damages at the pleading stage.
• Gaston v. Lake Cnty.
  M.D. Fla.· 2024-11-22
  The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted, but claims of First Amendment retaliation against certain deputies remain pending.
• Harris v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-11-21
  The court held that the plaintiff's amended complaint failed to state a claim and was due to be dismissed without prejudice for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
• Reed v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-11-21
  The court held that a prisoner does not have a substantive due process right to postconviction DNA evidence and failed to allege inadequacy of state procedures for a procedural due process claim.
• Thomas v. Centurion of Florida
  M.D. Fla.· 2024-11-21
  The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation against the medical defendants and the corporate defendant, and that claims against a John Doe defendant were dismissed for improper venue.
• Holmes v. Centurion of Florida
  M.D. Fla.· 2024-11-21
  The court held that the plaintiff inmate failed to state a plausible claim under the Eighth Amendment against either defendant, warranting dismissal.
• Graham v. Bruce
  M.D. Fla.· 2024-11-20
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
• Rosato v. Dixon
  M.D. Fla.· 2024-11-20
  The court held that the amended complaint failed to state an actionable claim and was dismissed for abuse of the litigation process due to the plaintiff's failure to disclose prior related lawsuits.
• Corbitt v. Mercado
  M.D. Fla.· 2024-11-20
  The court held that the plaintiff's pro se complaint must be dismissed without prejudice for failure to state a claim upon which relief can be granted.
• Channell v. Folsom
  N.D. Fla.· 2024-11-19
  Official-capacity claims against state employees are barred by sovereign immunity and the definition of 'person' under § 1983, and claims for restoration of gain time credits must be brought via habeas corpus, not § 1983.
• Helman v. State
  M.D. Fla.· 2024-11-19
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not identify responsible individuals or allege a custom or policy causing the deprivation of rights.
• Flanders v. Larsen
  M.D. Fla.· 2024-11-19
  Pro se prisoner Willie James Flanders filed a § 1983 civil rights action against two Florida Department of Corrections officials for allegedly inadequate medical treatment of a preexisting eye injury. The district court dismissed his amended complaint for failure to state a plaus
• Merrihew v. Culpepper
  N.D. Fla.· 2024-11-18
  The court recommended dismissal of the case without prejudice.
• Patrick v. McGuire
  M.D. Fla.· 2024-11-15
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right. The office's recording policy was deemed reasonable and viewpoint-neutral, and the officers had reasonable suspi
• Sarmiento v. United States Dep't of Hous. & Urban Dev.
  M.D. Fla.· 2024-11-15
  The court granted the motion to dismiss, finding the plaintiff lacked standing, the court lacked jurisdiction over several claims, and the plaintiff failed to state a claim for unjust enrichment.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-11-15
  The court held that it lacked subject matter jurisdiction over claims against federal defendants due to sovereign immunity and that claims against other defendants were barred by judicial immunity, legislative immunity, res judicata, arbitral immunity, and statute of limitations.
• Schuller v. Diaz
  S.D. Fla.· 2024-11-15
  A prisoner's claim of deliberate indifference against a non-medical official fails if the official reasonably relied on medical judgments and did not have knowledge of a substantial risk of serious harm.
• Friedman v. Town Of Pembroke Park
  S.D. Fla.· 2024-11-15
  The court held that the plaintiff failed to state a claim under the Florida Whistle-blower's Act and for First Amendment retaliation because her disclosures were not statutorily protected expression and her speech was not on a matter of public concern made as a citizen.
• Hillman v. Soc. Sec. Admin.
  S.D. Fla.· 2024-11-15
  The court accepted the magistrate judge's report and recommendation to dismiss the case without prejudice.
• Provitola v. Comer
  M.D. Fla.· 2024-11-15
  The court held that defendants are entitled to a reduced award of attorneys' fees due to excessive billing and block billing, applying a 15% reduction to the lodestar calculation.
• McCumsey v. Dixon
  N.D. Fla.· 2024-11-15
  Challenges to the validity of a criminal conviction are cognizable only in a habeas corpus action, not a civil rights action, unless the conviction has been invalidated.
• Raymond v. Hillsborough Cnty.
  M.D. Fla.· 2024-11-14
  The court granted the motion to dismiss, finding all of the plaintiff's claims barred by the Heck doctrine, lack of probable cause, or failure to state a cognizable claim.
• Wright v. Edwards
  M.D. Fla.· 2024-11-13
  The court held that the defendants' motion for Rule 11 sanctions was premature and denied it without prejudice.
• Nasirun v. Sailor
  N.D. Fla.· 2024-11-13
  The court held that the complaint fails to state a claim for which relief can be granted under federal law, warranting dismissal.
• LaHanse v. Abrahamsen
  M.D. Fla.· 2024-11-13
  A prisoner's § 1983 claim for damages from an allegedly unlawful search and seizure must be dismissed if a judgment in their favor would necessarily imply the invalidity of their conviction or sentence, unless that conviction or sentence has already been invalidated.