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

• Cole v. Davis
  N.D. Fla.· 2024-11-13
  The court held that a prisoner's failure to accurately disclose prior litigation history on a court form constitutes abuse of the judicial process, warranting dismissal of the case without prejudice.
• Pastrana v. State
  M.D. Fla.· 2024-11-13 ·via 42 U.S.C. § 1983 Action
  The court held that a pro se plaintiff cannot file on behalf of another party and that a judge is entitled to absolute judicial immunity for actions taken in her judicial capacity.
• 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.
• Phelps v. Randall
  M.D. Fla.· 2024-11-12
  A prisoner with three or more prior dismissals for frivolousness or failure to state a claim cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
• Blake v. Carter
  N.D. Fla.· 2024-11-12
  A prisoner's failure to truthfully disclose prior litigation history on a complaint form, even if unintentional, warrants dismissal of the action as an abuse of the judicial process.
• Williams v. High Springs Police Dep't
  N.D. Fla.· 2024-11-12
  The court recommended dismissal of the case without prejudice.
• Achille v. Bynum
  N.D. Fla.· 2024-11-12
  A prisoner's failure to accurately disclose prior litigation history on a court-approved complaint form, even if unintentional, constitutes a malicious abuse of the judicial process warranting dismissal.
• Vega v. Carner
  M.D. Fla.· 2024-11-12
  The court held that the defendants were entitled to summary judgment because the plaintiff failed to establish a genuine issue of material fact regarding his claims of unconstitutional conditions of confinement and deliberate indifference to serious medical needs.
• Smith v. Rosado
  S.D. Fla.· 2024-11-11
  The court held that the pro se plaintiff's complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted.
• Glenn v. Smith
  N.D. Fla.· 2024-11-08
  The court held that a prisoner who is a 'three-striker' cannot proceed in forma pauperis without alleging imminent danger, and the current claim is barred by res judicata.
• Murphy v. United States Dep't of Treas.
  N.D. Fla.· 2024-11-08
  The court granted the plaintiff's motion to proceed in forma pauperis but recommended dismissal of the case without prejudice because the plaintiff failed to truthfully disclose his litigation history.
• White v. Eslinger
  M.D. Fla.· 2024-11-07
  The court held that a party must attend a deposition even if a motion for a protective order is pending, and awarded costs for the missed deposition.
• Macker v. Macker
  M.D. Fla.· 2024-11-07
  The court denied the plaintiff's motion to file a second amended complaint because the plaintiff failed to show good cause for the late filing and the proposed amendments would be futile and violate a prior court order.
• Hill v. McNeil
  N.D. Fla.· 2024-11-04
  The court held that a plaintiff's failure to serve a defendant, despite multiple warnings and extensions, warrants dismissal of the claim without prejudice.
• Avants v. Mann
  N.D. Fla.· 2024-11-04
  A prisoner's claim for deprivation of property under the Due Process Clause fails if a meaningful post-deprivation remedy is available under state law. Violations of prison policy alone do not constitute a constitutional deprivation.
• McKay v. Tona
  N.D. Fla.· 2024-11-01
  The court held that the use of OC spray was justified and defendants are entitled to qualified immunity because the video evidence showed the plaintiff refused lawful orders, and the force used was not malicious or sadistic.
• Johnson v. Centurion of Fla. LLC
  N.D. Fla.· 2024-10-31 ·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiff failed to state a plausible claim under the Eighth Amendment and § 1983 against the healthcare provider, as the allegations did not demonstrate deliberate indifference or a policy/custom causing the delay in medical treatment.
• Black v. Finney
  M.D. Fla.· 2024-10-30
  The court held that a prisoner's misrepresentation of his litigation history on a complaint form constitutes an abuse of the judicial process, warranting dismissal.
• Bienaime v. Dep't of Child. & Families
  S.D. Fla.· 2024-10-29 ·via Section 1983
  The court granted the Department of Children and Families' motion to stay discovery and all deadlines as to that defendant, finding its motion to dismiss appeared clearly meritorious and case dispositive.
• Lawshe v. Hardwick
  M.D. Fla.· 2024-10-29
  The court held that the Sheriff's motion to dismiss should be granted because the plaintiff failed to plausibly allege that the Sheriff's Office had a policy or custom that caused the alleged constitutional violations. The court also found that Dr. Dully's motion to dismiss shoul
• White v. Eslinger
  M.D. Fla.· 2024-10-29
  The court held that a former high-ranking official, sued in his individual capacity and alleged to have personal knowledge, can be deposed, and the magistrate judge's denial of a protective order was not clearly erroneous.
• Short v. Wells
  N.D. Fla.· 2024-10-29
  The court recommended dismissal of the prisoner's complaint as frivolous because the allegations lacked an arguable basis in law or fact and the defendant judge was likely immune.
• Scheffler v. Chitwood
  M.D. Fla.· 2024-10-28
  The court held that the defendants are entitled to summary judgment because the restrictions on speech on the Facebook page were viewpoint-neutral and reasonable, and the plaintiff failed to show he was treated differently from similarly situated individuals.
• Crum v. Fla. Comm'n on Offender Review
  N.D. Fla.· 2024-10-28
  The court held that a plaintiff who intentionally depletes funds to avoid paying a filing fee, despite having sufficient funds, may have their case dismissed.
• Chambliss v. Baggett
  N.D. Fla.· 2024-10-25
  The court held that a plaintiff must allege a violation of a federal right to state a claim under 42 U.S.C. § 1983, and there is no federal right to police investigation.
• Roe v. Fryer
  M.D. Fla.· 2024-10-25
  Travis Roe sued Sheriff Michelle Cook and Deputies Clint Redmond and Mark Maertz for excessive force and related claims arising from his arrest in August 2020 for murder. The court granted summary judgment in favor of the defendants on the excessive force and failure to intervene
• Kineard v. Smith
  M.D. Fla.· 2024-10-25
  The court held that the plaintiff failed to state a plausible claim against the supervisory defendants for failure to protect, negligent hiring, or negligent training.
• Cokley v. Dixon
  M.D. Fla.· 2024-10-24
  The court granted defendants' motions to dismiss, dismissing official capacity claims with prejudice and individual capacity claims against supervisors without prejudice.
• Kaiser v. Dixon
  N.D. Fla.· 2024-10-24
  The court held that the plaintiff failed to state a plausible claim for relief under the Eighth Amendment or Equal Protection Clause, and thus the defendants were entitled to qualified immunity.
• Lopez v. Garcia
  M.D. Fla.· 2024-10-24
  The court held that a prison official's violation of institutional policy, without more, does not constitute deliberate indifference to a substantial risk of serious harm, and therefore does not violate the Eighth Amendment.
• Allen v. Ratigan
  M.D. Fla.· 2024-10-24
  The court held that official-capacity claims are barred by the Eleventh Amendment, and the Fourteenth Amendment claim fails for lack of alleging discrimination based on a protected class. A plausible Eighth Amendment claim for deliberate indifference was stated against one office
• Cole v. Dixon
  N.D. Fla.· 2024-10-23
  The court held that the petitioner, a '3-striker,' cannot proceed in forma pauperis in a civil rights action without paying the filing fee, as he does not allege imminent danger of serious physical injury.
• Scheffler v. Chitwood
  M.D. Fla.· 2024-10-22
  The court denied the plaintiff's motions to amend his complaint and enlarge the scheduling order, and dismissed claims against a fictitious defendant for failure to properly identify him.
• Sanford v. Judd
  M.D. Fla.· 2024-10-22
  The court held that the pro se plaintiff failed to state a viable claim against the defendant sheriff because he did not allege personal involvement or a causal connection for supervisory liability.
• Short v. Wells
  N.D. Fla.· 2024-10-21
  The court held that the plaintiff's complaint should be dismissed as frivolous under the PLRA because the allegations were delusional and the defendant judge was entitled to absolute judicial immunity.
• Chambers v. Butler
  N.D. Fla.· 2024-10-21
  The court held that the plaintiff plausibly alleged an Eighth Amendment failure to intervene claim and that defendants were not entitled to qualified immunity or dismissal of punitive damages at this stage.
• Cooper v. Cannon
  N.D. Fla.· 2024-10-21
  The court held that the plaintiff failed to state an Eighth Amendment excessive force claim and that the defendant was entitled to qualified immunity.
• Simmons v. Kolodziej
  N.D. Fla.· 2024-10-21
  A prisoner's complaint must be dismissed without prejudice as a malicious abuse of the judicial process if the prisoner fails to accurately disclose their prior litigation history on the required complaint form.
• Hrejn v. Centurion Med. Grp.
  S.D. Fla.· 2024-10-18
  The court held that a pro se plaintiff's failure to fully and truthfully disclose prior and ongoing litigation history, after being warned, renders the complaint malicious and warrants dismissal without prejudice.
• Short v. McCormick
  N.D. Fla.· 2024-10-18
  The court held that the plaintiff's complaint, filed as a 'Notice of Action,' was frivolous and should be dismissed under the Prison Litigation Reform Act.
• Reed v. Waters
  M.D. Fla.· 2024-10-18
  Plaintiff Ronnie Reed sued Sheriff Thomas Kevin Waters and Jacksonville Sheriff's Office officers alleging they unconstitutionally strip-searched him multiple times on a public street based on unfounded suspicion, without finding any evidence. The court found Reed stated a plausi
• Anaya v. City Hall Miami Beach
  S.D. Fla.· 2024-10-18
  The court held that the plaintiff's complaint was deficient for failing to state a claim and for being a shotgun pleading, and that diversity jurisdiction was lacking.
• Nichols v. Green
  M.D. Fla.· 2024-10-18
  The court held that the plaintiff's claims against the clerk and supervisor were properly dismissed due to immunity and failure to state a claim, respectively.
• Wiggins v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-10-18
  The Florida Department of Corrections is an arm of the state and thus not a 'person' subject to suit for monetary damages under 42 U.S.C. § 1983.
• Fantel v. State
  M.D. Fla.· 2024-10-18
  The court held that the Eleventh Amendment bars the plaintiff's claims against the State of Florida, as none of the exceptions to sovereign immunity apply, and therefore the court lacks subject matter jurisdiction.
• Gayle v. Unknown RN of Yescare Corp
  M.D. Fla.· 2024-10-17
  The court held that the amended complaint failed to state a claim against the defendants and was dismissed with prejudice.
• Short v. Alldredge
  N.D. Fla.· 2024-10-17
  The court held that the plaintiff's complaint should be dismissed as frivolous under the Prison Litigation Reform Act because it lacked an arguable basis in law or fact and any amendment would be futile.
• Cannon v. Chase
  N.D. Fla.· 2024-10-17
  The court held that the amended complaint fails to state a claim because it lacks specific factual allegations and is barred by Heck v. Humphrey.
• DE Montalvo v. Dixon
  N.D. Fla.· 2024-10-17
  The court held that the plaintiff failed to state a plausible claim for an Eighth Amendment violation or an Equal Protection violation, and thus, the remaining claims also fail.
• Brown v. Girgenti
  M.D. Fla.· 2024-10-17
  The court held that a pro se plaintiff's complaint must be dismissed without prejudice because it fails to plausibly allege that the defendants, who are private attorneys, acted under color of state law, a necessary element for a § 1983 claim.