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

• 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.
• 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.
• 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.
• Gatlyn v. Doe
  S.D. Fla.· 2024-10-15
  The court granted in part and denied in part the motion to quash service or dismiss, dismissing official capacity claims and injunctive/declaratory relief as moot or barred by sovereign immunity, but extending time for the plaintiff to serve the personal representative for indivi
• Flanders v. Larsen
  M.D. Fla.· 2024-10-15
  The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 against either defendant.
• Burnside v. Aramark Corp.
  N.D. Fla.· 2024-10-11
  The court held that the plaintiff's civil rights complaint is barred by res judicata due to a prior dismissed action and should also be dismissed as malicious for failing to truthfully disclose his litigation history on the complaint form.
• Shadmani v. Barnes
  M.D. Fla.· 2024-10-11
  Amir Shadmani sued Officers J.M. Barnes and A.G. Scott for using excessive force during his arrest following a suspected cocaine possession, and sued Sheriff T.K. Waters for municipal liability and battery. The court granted summary judgment in favor of all defendants, finding th
• Bryson v. Price
  N.D. Fla.· 2024-10-09 ·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's pro se civil rights complaint may be dismissed without prejudice as malicious for failing to accurately disclose prior litigation history under penalty of perjury.
• Rivera v. The City of Jacksonville
  M.D. Fla.· 2024-10-09
  The court held that the plaintiff failed to plausibly allege the absence of probable cause for his arrest, which is an essential element for a § 1983 false arrest claim.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-10-09
  The court granted the motion for reconsideration, finding that newly discovered evidence of coordination between the defendant and law enforcement could establish state action for a federal claim.
• Murzike v. Knox
  M.D. Fla.· 2024-10-08
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted and was dismissed without prejudice.
• Downey v. Perkins
  M.D. Fla.· 2024-10-07 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's proposed amended complaint was deficient and denied his motion to amend, but granted him leave to file a new amended complaint.
• Day v. Hernando Cnty.
  M.D. Fla.· 2024-10-04
  The court held that the plaintiff did not possess a constitutionally protected property interest in his continued employment, and even if he did, the state provides adequate remedies for any due process deprivation.
• Gant v. Sarasota Mem'l N. Port
  M.D. Fla.· 2024-10-04
  The court held that the pro se complaint fails to state a claim upon which relief can be granted because it does not allege facts showing the defendant acted under color of state law and fails to disclose the year of the incident.
• Campbell v. Gaudin
  N.D. Fla.· 2024-10-04
  The court recommended dismissal of the prisoner's complaint without prejudice because it was frivolous, malicious due to failure to disclose litigation history, and the plaintiff was a 'three-striker' barred from proceeding in forma pauperis.
• Shockley v. Hard Rock Hotel & Casino
  M.D. Fla.· 2024-10-04
  The court held that the pro se plaintiff's civil-rights complaint failed to state a viable claim because it did not allege personal participation by defendants, did not establish state action, and improperly attempted to sue under federal criminal statutes.
• Navarro-Martin v. United States Custom & Border Prot.
  M.D. Fla.· 2024-10-04
  The court held that it lacked jurisdiction over the plaintiff's Federal Tort Claims Act claim because she failed to exhaust administrative remedies, and dismissed the complaint without prejudice.
• Evans v. Schuyler
  M.D. Fla.· 2024-10-02
  The court held that the plaintiff's pro se complaint must be dismissed for failure to state a claim, for being frivolous, and for being time-barred.
• Gabriel v. Bogaert
  S.D. Fla.· 2024-10-02
  The court recommended granting the application to proceed in forma pauperis but dismissing the amended complaint without prejudice for failure to state a claim.
• Payrow v. Chronister
  M.D. Fla.· 2024-09-30
  The court held that judicial estoppel bars the plaintiff's claims due to his directly contradictory sworn testimony in a prior criminal proceeding, and alternatively, his testimony is not competent evidence to create a genuine issue of material fact.
• Nealy v. Vilches
  M.D. Fla.· 2024-09-30
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice, granting the plaintiff leave to amend.
• Goudy v. Hoffman
  M.D. Fla.· 2024-09-30
  The court held that the plaintiff failed to state a claim upon which relief could be granted, dismissing all counts with prejudice.
• Lewis v. King
  M.D. Fla.· 2024-09-30
  The court held that the plaintiff's second amended complaint failed to state a claim and constituted a shotgun pleading, and that video evidence conclusively contradicted her allegations of intentional conduct.
• Henderson v. Milillo
  M.D. Fla.· 2024-09-30
  The court held that the plaintiff's complaint was a shotgun pleading and dismissed it, but granted leave to amend for certain claims, while dismissing others with prejudice.
• Denmark v. Fla. Dep't of Revenue
  M.D. Fla.· 2024-09-30
  The Eleventh Amendment bars suits against state agencies in federal court, requiring dismissal for lack of subject matter jurisdiction.
• Short v. Alldredge
  N.D. Fla.· 2024-09-27
  The court held that a pro se plaintiff's second amended complaint failed to state a claim upon which relief could be granted, and thus recommended dismissal with prejudice.
• Diaz-Ryan v. Mosley
  M.D. Fla.· 2024-09-25
  The court held that the plaintiff's amended complaint must be dismissed for failure to state a claim, lack of subject-matter jurisdiction under the Rooker-Feldman doctrine, and because the claims against the defendants are barred by judicial and quasi-judicial immunity.
• Ensor v. Fitness Int'l, LLC
  M.D. Fla.· 2024-09-25
  The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and recommended it be dismissed without prejudice, granting the plaintiff leave to file an amended complaint.
• Jones v. Armor Healthcare
  M.D. Fla.· 2024-09-25
  The court held that a prisoner's claim of misdiagnosis by medical staff, amounting to negligence, does not state a claim for deliberate indifference under the Eighth Amendment. A contractor's liability under § 1983 requires a policy or custom of deliberate indifference, not respo
• Doss v. Holder
  M.D. Fla.· 2024-09-24
  Surgret Doss, representing himself, sued law enforcement officers and the City of Tampa after being charged with perjury based on an indigency application he filed, which charged he did not own property despite owning four properties; he claimed the prosecution lacked probable ca
• Pereyra-Diaz v. City of Doral
  S.D. Fla.· 2024-09-23
  The court recommended denying the motion to dismiss, finding that the plaintiff plausibly alleged a property interest in her employment, a deprivation of due process due to lack of a hearing, and a liberty interest claim based on a stigmatizing statement in her termination letter
• Moretto v. Solorzano
  M.D. Fla.· 2024-09-23
  The court held that a prisoner's claims of deliberate indifference and failure to train regarding medical treatment and dietary restrictions failed to state a claim under the Eighth Amendment, and claims related to medication were time-barred.
• Saintcy v. Fla. Dep't of Revenue Child Support Program
  S.D. Fla.· 2024-09-23
  The court affirmed the Magistrate Judge's Report and Recommendation, granting the defendants' motion to dismiss because the plaintiff failed to state a claim and the court lacked subject matter jurisdiction.
• Dustin v. Palmer
  M.D. Fla.· 2024-09-23
  The court held that the plaintiff's claims failed to state a plausible claim for relief under 42 U.S.C. § 1983, and therefore the case was dismissed without prejudice.
• Wright v. Brown
  N.D. Fla.· 2024-09-23
  A prisoner with three prior dismissals for frivolity or failure to state a claim is barred from proceeding in forma pauperis unless they allege imminent danger of serious physical injury.
• Franklin v. Dep't of Detention Servs.
  M.D. Fla.· 2024-09-20
  A pro se prisoner's complaint must contain plausible factual allegations that state a claim for relief, and vague assertions or labels are insufficient. Entities like Sheriff's Offices are not suable under Florida law.
• Hamze v. Sergeant Gerow
  M.D. Fla.· 2024-09-20
  The court held that the plaintiff failed to properly exhaust administrative remedies because the grievances filed did not concern the specific claims raised in the amended complaint.
• Hogan v. Perez-Lugo
  M.D. Fla.· 2024-09-19
  The court held that the plaintiff failed to state a claim for deliberate indifference against the defendant, as the defendant's responses to grievances showed inquiry rather than deliberate disregard of a serious medical need.
• Darling v. Zavaleta
  S.D. Fla.· 2024-09-19
  The court held that a pro se litigant's ignorance of the law or rules does not constitute excusable neglect or good cause for an extension of time to file a notice of appeal.
• Jackson v. RKW Residential
  S.D. Fla.· 2024-09-19
  The court held that it lacked subject-matter jurisdiction over the plaintiff's complaint because the plaintiff failed to establish federal question jurisdiction or diversity jurisdiction.
• Benboe v. Hagan
  N.D. Fla.· 2024-09-19
  The court recommended dismissal of the case without prejudice.
• Baxter v. Wexford Health Sources, Inc.
  M.D. Fla.· 2024-09-18
  The court held that genuine disputes of material fact preclude summary judgment on the Eighth Amendment deliberate indifference claims against the individual medical defendants, but granted summary judgment for Dr. Berrios on the retaliation claims.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-09-18
  The court recommended granting Miami-Dade County's motion to quash service, vacate the default, and dismiss the county without prejudice due to improper service.
• Thomas v. Beadle
  M.D. Fla.· 2024-09-17
  The court held that a motion for preliminary injunction cannot be used to obtain final relief on the merits without hearing from the opposing party.
• Lopez v. City of Opa-Locka
  S.D. Fla.· 2024-09-17
  Yolanda Lopez sued the City of Opa-Locka and private security officers for unlawfully arresting her and using excessive force against her while she distributed flyers outside a flea market in October 2022. The District Court granted the defendants' motion to dismiss in part, dism
• Hart v. Hardbower
  N.D. Fla.· 2024-09-17
  The court recommended denying the defendants' motion to dismiss the plaintiff's claims for compensatory and punitive damages.
• Kroft v. Walker
  N.D. Fla.· 2024-09-17
  A prisoner's civil rights complaint may be dismissed without prejudice as malicious for failing to accurately disclose prior litigation history under penalty of perjury.
• McCarthy v. Pods Enters., LLC
  M.D. Fla.· 2024-09-16
  The court recommended denying the plaintiff's motion to proceed in forma pauperis and dismissing the amended complaint without prejudice because the plaintiff failed to state a claim under 42 U.S.C. § 1983.
• Chingarev v. Rambosk
  M.D. Fla.· 2024-09-16
  The court held that a false arrest claim under § 1983 may proceed even with a conviction, but a malicious prosecution claim is barred by the conviction. State law false arrest claims may proceed if fraud is alleged, but state malicious prosecution claims are barred by the convict
• Claudio v. DeLoach
  M.D. Fla.· 2024-09-12
  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.