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

• Perkins v. Bywater
  M.D. Fla.· 2024-08-19
  The court held that the plaintiff failed to state a claim under 18 U.S.C. §§ 241, 242, or the First, Fourth, and Sixth Amendments, and recommended dismissal with leave to amend.
• Jean-Baptiste v. United States Dep't of Just.
  S.D. Fla.· 2024-08-17
  The court held that the plaintiff's Fifth Amended Complaint, which remained a shotgun pleading despite prior opportunities to amend, should be dismissed with prejudice.
• Malcolm v. City of Miami-Dade Cnty.
  S.D. Fla.· 2024-08-16
  The court held that the pro se plaintiff's civil rights complaint must be dismissed because he failed to state a claim and the defendants are immune from suit.
• Vann v. Tabil
  M.D. Fla.· 2024-08-16
  The court held that the plaintiff sufficiently pleaded an Eighth Amendment claim for deliberate indifference but failed to state a Fourteenth Amendment equal protection claim, and that his claims for injunctive and declaratory relief were moot due to his transfer.
• Boe v. Garcia
  S.D. Fla.· 2024-08-15
  The court held that the pro se plaintiff's complaint must be dismissed without prejudice for failing to state a claim because it constitutes a "shotgun pleading."
• Brown v. Tony
  S.D. Fla.· 2024-08-14
  The court adopted the magistrate judge's report and recommendation, denying the plaintiff's application to proceed without prepayment of fees and dismissing the second amended complaint.
• Johnson v. Young
  N.D. Fla.· 2024-08-14
  The court held that dismissal without prejudice is an appropriate sanction for a pro se prisoner's failure to comply with court orders and keep the court apprised of his address.
• Abboud v. Hardwick
  M.D. Fla.· 2024-08-14
  The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and failed to state a claim upon which relief could be granted, and that certain defendants were entitled to immunity.
• Thomas v. Hyler
  M.D. Fla.· 2024-08-13 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that a non-lawyer proceeding pro se cannot represent other pro se plaintiffs, and that the complaint failed to state claims for false arrest, false imprisonment, and failure to train due to insufficient factual allegations.
• Jones v. The Lamar Co., L.L.C.
  M.D. Fla.· 2024-08-13
  The court held that Plaintiff's claims are barred by the Rooker-Feldman doctrine because they invite review and rejection of state court judgments.
• Wilson v. Arellano
  S.D. Fla.· 2024-08-12
  The court held that the complaint constituted a shotgun pleading and should be dismissed without prejudice.
• Hall v. Carner
  M.D. Fla.· 2024-08-12
  The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting plaintiffs leave to amend.
• Woods v. IGO
  N.D. Fla.· 2024-08-12
  The court recommended denying the defendants' motion to dismiss, finding that the plaintiff's allegations of excessive force and resulting injuries were sufficient to proceed, and that dismissal for failure to disclose prior litigation history or for lack of physical injury was n
• Jordan v. Sexton
  N.D. Fla.· 2024-08-09
  A prisoner cannot state a First Amendment retaliation claim based on a disciplinary charge when they were found guilty of the underlying conduct after receiving due process and the finding was supported by some evidence.
• Thomas v. Beebe
  M.D. Fla.· 2024-08-08
  The court held that a nolo contendere plea establishes probable cause for arrest, barring Fourth Amendment claims, and that sovereign immunity protects state employees from state law tort claims absent bad faith.
• Smith v. United States
  S.D. Fla.· 2024-08-08 ·via 42 U.S.C. § 1983 Civil Rights Action
  A federal prisoner awaiting sentencing cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence; such claims must be brought under § 2255 after sentencing and exhaustion of direct appeal, and conditions of confinement claims belong in a § 1983 a
• Glick v. Corbin
  N.D. Fla.· 2024-08-07
  A prisoner sued two Florida correctional officials under 42 U.S.C. § 1983, alleging violations of his First Amendment rights through attempts to obstruct his grievance filings and retaliation for filing grievances, and the magistrate judge found that the prisoner properly exhaust
• Griffin v. Calderon
  M.D. Fla.· 2024-08-07
  The court held that the plaintiff's motion for a preliminary injunction must be denied because it failed to comply with federal and local rules regarding notice to the adverse party.
• McField Smith v. N. Miami Police Dep't
  S.D. Fla.· 2024-08-07
  The court held that the plaintiffs' second amended complaint, like its predecessors, constituted a shotgun pleading and failed to state a claim, warranting dismissal.
• Christophe v. Sasser
  N.D. Fla.· 2024-08-06
  A prisoner's failure to properly exhaust available administrative remedies before filing suit requires dismissal of the action without prejudice.
• Evans v. DOE
  N.D. Fla.· 2024-08-06
  The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders regarding payment of the filing fee or filing an in forma pauperis motion.
• Smith v. Alvarez
  N.D. Fla.· 2024-08-06
  Claims against a defendant must be dismissed without prejudice for failure to effect service when the U.S. Marshals Service cannot locate the defendant after reasonable efforts and the plaintiff fails to provide a service address or show cause.
• Johnson v. Grant
  M.D. Fla.· 2024-08-06
  The court held that plaintiff stated a claim for First Amendment retaliation but failed to state claims for Eighth Amendment cruel and unusual punishment, civil conspiracy, civil theft, sexual harassment, pain and suffering, and mental anguish.
• Jackson v. Sump
  N.D. Fla.· 2024-08-06
  A prisoner's failure to accurately disclose prior litigation history, even if unintentional, warrants dismissal of the case without prejudice as malicious due to abuse of the judicial process.
• Swim v. GEO Corp.
  N.D. Fla.· 2024-08-06
  The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders.
• Jones v. Miami-Dade Cnty.
  S.D. Fla.· 2024-08-05
  The court granted summary judgment for the defendants, finding that only the plaintiff's termination was a timely actionable claim and that he failed to establish claims for race discrimination, national origin discrimination, or retaliation.
• Waters v. Officer Calderon
  S.D. Fla.· 2024-08-05
  The court granted in part and denied in part the motion to dismiss, dismissing individual plaintiffs' claims for lack of standing, claims against John Doe defendants, and supervisory liability claims, while allowing amendment for wrongful death claims and denying dismissal for ex
• Heywood v. Dixon
  N.D. Fla.· 2024-08-02 ·via Section 1983
  The court held that while individual-capacity claims and official-capacity claims against some defendants are dismissed, the official-capacity claim against Secretary Dixon for injunctive relief under RLUIPA and the First Amendment survives.
• No. 354
  Del.· 2024-08-01
  The Delaware Supreme Court affirmed the dismissal of the appellants' claims, holding that the Court of Chancery correctly dismissed the action for lack of subject matter jurisdiction due to the absence of a reasonable apprehension of future harm. The Superior Court also correctly
• McCarthy v. City of Cordele Ga.
  11th Cir.· 2024-07-31
  The Eleventh Circuit held that the plaintiff plausibly alleged racial discrimination against the City, but not against the individual defendant in his personal capacity.
• Pastrana v. Carrington Mortg. Servs., LLC
  M.D. Fla.· 2024-07-30
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits for a temporary restraining order and denied his motions.
• Van Scoyoc v. Belleair Beach
  M.D. Fla.· 2024-07-30
  The court held that the plaintiff's speech, made in response to a personal dispute and concerning her own conduct rather than a matter of public concern, was not protected by the First Amendment, and therefore her removal from a volunteer position did not violate her constitution
• Thomas v. Flannagan
  M.D. Fla.· 2024-07-26
  The court held that a prisoner's claims against certain prison officials for failure to investigate, due process violations, and deliberate indifference were dismissed for failing to state a plausible claim, while claims for excessive force and failure to intervene against others
• Jones v. Cocoa Beach Police Dept.
  M.D. Fla.· 2024-07-26
  The court held that the amended complaint was a shotgun pleading, that the Sheriff's Office and an unknown officer were improper defendants, and that the false arrest claim failed for lack of probable cause.
• Grimage v. Gwara
  M.D. Fla.· 2024-07-26
  The court denied the motion to dismiss based on failure to exhaust administrative remedies, finding the defendant failed to meet his burden of proof.
• Connell v. Centurion of Fla. LLC
  M.D. Fla.· 2024-07-26
  The court granted Plaintiff's motion to amend his complaint, rendering the defendants' motions to dismiss moot.
• Gerow v. Newsom
  M.D. Fla.· 2024-07-25 ·via Section 1983
  The court held that the plaintiff failed to establish personal jurisdiction over the legislative defendants and failed to state a claim upon which relief could be granted.
• Barfield v. Dixon
  M.D. Fla.· 2024-07-25
  The court held that most of the plaintiff's claims failed to state a claim upon which relief could be granted and were dismissed without prejudice, except for the claim against one defendant.
• Dillard v. Treasure Coast Forensic Treatment Center/ Geo Care and All Staff
  S.D. Fla.· 2024-07-25
  The court held that the plaintiff's claims are time-barred under Florida's four-year statute of limitations for civil rights actions.
• Stallings v. Walmart
  S.D. Fla.· 2024-07-25
  The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint without prejudice for failure to state a claim.
• Murnahan v. Newman
  M.D. Fla.· 2024-07-24
  The court held that a plaintiff may not file duplicative complaints to expand legal rights, and this case must be dismissed due to improper claim-splitting.
• Walker v. Bailey
  M.D. Fla.· 2024-07-24
  The court held that the plaintiff sufficiently alleged excessive force and failure to intervene claims against certain defendants, but failed to state a retaliation claim against others. Eleventh Amendment immunity applies to official capacity monetary claims.
• Myers v. City of Naples
  M.D. Fla.· 2024-07-24
  The court held that the plaintiff failed to state a claim under federal law, dismissing the amended complaint without prejudice.
• Lemieux v. Bango
  S.D. Fla.· 2024-07-24
  The court held that a plaintiff plausibly alleged Fourth Amendment violations for an illegal vehicle search, an illegal strip search, and an illegal seizure of property, but not for false arrest during a traffic stop.
• Perez v. Anderson
  M.D. Fla.· 2024-07-24
  The court granted summary judgment for defendants on most claims, finding no genuine dispute of material fact regarding excessive force and upholding qualified immunity.
• Williams v. Dixon
  N.D. Fla.· 2024-07-23
  The court granted the motion to dismiss in part, dismissing the Eighth Amendment claim and claims against Defendant Hickman as duplicative, while allowing other claims to proceed.
• Polo v. Bernstein
  S.D. Fla.· 2024-07-22
  In this civil action, pro se plaintiff Frank Polo, Sr. moved to disqualify the presiding judge based on alleged impartiality concerns stemming from the judge's prior service in family court alongside Defendant Judge Scott M. Bernstein. The court denied the motion, holding that ju
• Mazile v. Larkin Univ. Corp.
  S.D. Fla.· 2024-07-22
  The court held that the arbitration clause in the EULA was enforceable, compelling arbitration of claims against ExamSoft, and dismissed claims against Larkin for failure to state a claim.
• Kelly v. Polk
  M.D. Fla.· 2024-07-19
  The court held that genuine issues of material fact preclude summary judgment on the excessive force and assault/battery claims against Defendant North, but granted summary judgment for Defendant Carter on the deliberate indifference claim.
• Grimage v. Levai
  M.D. Fla.· 2024-07-19
  The court held that the defendants failed to meet their burden of proving the plaintiff did not properly exhaust his administrative remedies.