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

• 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.
• Corbin v. Prummell, Jr.
  M.D. Fla.· 2024-07-19
  Sandra and John Corbin sued Charlotte County Sheriff's Office deputies for excessive force, false arrest, and deliberate indifference to medical needs following Sandra's arrest during a traffic stop, where Deputy Aaron Williams leg-swept her, causing a fractured tibia. The court
• Thomas v. Beebe
  M.D. Fla.· 2024-07-18
  The court held that a nolo contendere plea establishes probable cause, barring Fourth Amendment claims and malicious prosecution claims, and that sovereign immunity bars state law trespass claims against state actors.
• Bensouna v. E11Even Miami, Inc.
  S.D. Fla.· 2024-07-17
  The court held that it lacked subject-matter jurisdiction over the plaintiff's claims because the § 1983 claim failed as the defendant was a private entity, and the remaining state law claims lacked diversity jurisdiction as both parties were Florida citizens.
• City of Miramar v. Spadaro
  Fla. 4th DCA· 2024-07-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  Florida Statute § 111.071(1)(a) prohibits a municipality from paying a 42 U.S.C. § 1983 civil rights judgment where the officer has been determined in the final judgment to have caused the harm intentionally. Because the federal jury found the officers intentionally violated the
• Cisneros-Gonzalez v. Hernandez
  S.D. Fla.· 2024-07-16
  The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim, and his motion to proceed in forma pauperis was insufficient.
• Darling v. Zavaleta
  S.D. Fla.· 2024-07-15
  The court held that the pro se plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 for Fourth Amendment violations, as the officers' actions were reasonable under the circumstances and the plaintiff failed to allege a municipal policy or custom for official capac
• Rukavishnikov v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-07-15
  The court found that the plaintiff's grievances, as presented, did not demonstrate a failure to exhaust administrative remedies, thus denying the motion to dismiss on that ground.
• Williams v. Miami-Dade Cnty.
  S.D. Fla.· 2024-07-13
  In this case, three innocent bystanders shot by a police officer while sitting in a parked car at a restaurant drive-through sued the officer and county for excessive force and related state law torts. The court denied the officer's motion to dismiss the Fourth Amendment excessiv
• Clark v. Pinellas Cnty. Sheriff Dep't
  M.D. Fla.· 2024-07-12
  The court held that the pro se plaintiff's complaint failed to state a claim and must be dismissed without prejudice, with leave to amend to pursue claims arising from his time in the Pinellas County jail.
• Brown v. Naphcare Health Care Servs. of Fla.
  M.D. Fla.· 2024-07-12
  The court held that a Section 1983 claim against an employer based solely on an employee's actions is barred by the inapplicability of respondeat superior, and that while a difference of medical opinion is insufficient, an allegation of being provided no consumable medication for
• Taveras v. Fla. Dep't of Transp.
  S.D. Fla.· 2024-07-12
  The court largely adopts the magistrate judge's recommendation to dismiss the complaint, but modifies the recommendation by denying leave to amend and declining supplemental jurisdiction over the state-law claim.
• Thomas v. Morales
  M.D. Fla.· 2024-07-12
  The court held that verbal abuse and threats alone do not constitute a constitutional violation actionable under Section 1983, and a prisoner cannot recover for emotional injury without a physical injury.
• Jackson v. Dixon
  N.D. Fla.· 2024-07-12
  The court held that a plaintiff's refusal to comply with court orders, even if based on a belief that venue is improper, warrants dismissal under Federal Rule of Civil Procedure 41(b).
• Safety Harbor Powersports, LLC v. City of Safety Harbor
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff failed to sufficiently plead a 'class of one' equal protection claim because it did not identify a similarly situated comparator with adequate specificity, and dismissed the procedural due process claim for failure to plead the unavailability of
• Charles v. Fox
  M.D. Fla.· 2024-07-12
  The court held that the plaintiff's complaint failed to state a claim against any defendant, and thus it was dismissed without prejudice.
• Wade v. Ga. Corr. Health, LLC
  11th Cir.· 2024-07-10
  A transgender inmate brought an Eighth Amendment deliberate-indifference claim after suffering seizures due to missed medication at a Georgia prison. The Eleventh Circuit Court of Appeals, sitting en banc, held that to establish liability for deliberate indifference to serious me
• Graham v. Torres
  M.D. Fla.· 2024-07-10
  The court held that a federal court must abstain from interfering with pending state criminal proceedings and that judicial and prosecutorial immunity bars claims against state officials for actions taken in those proceedings.
• Bunny's Cabaret, LLC v. Pinellas Cnty.
  M.D. Fla.· 2024-07-09
  The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its First Amendment challenge to the county's closing time ordinance.
• Johnson v. COX
  N.D. Fla.· 2024-07-09
  The court held that a plaintiff proceeding in forma pauperis ultimately bears the burden of ensuring service, even if the U.S. Marshal attempts it, and failure to provide necessary information for service after a year warrants dismissal under Rule 4(m).
• Nelson v. Winters
  M.D. Fla.· 2024-07-09
  The court held that the plaintiff's amended complaint failed to state a claim for deliberate indifference under the Eighth Amendment, and further amendment would be futile.
• Harris v. Singletary
  M.D. Fla.· 2024-07-01
  An inmate at a Florida correctional facility brought a § 1983 civil rights action alleging that prison medical staff assaulted him and sergeants sexually assaulted him in retaliation for filing medical grievances. The court denied motions for summary judgment by all defendants, f
• Stewart v. Brevard Cnty.
  M.D. Fla.· 2024-07-01
  The court held that the plaintiff's claims were not ripe for judicial review because he had not received a final decision from the County regarding his waiver application, and thus the court lacked subject matter jurisdiction.
• Gatlyn v. Doe
  S.D. Fla.· 2024-06-28
  The court held that a prisoner's claim for denial of kosher meals can proceed against the chaplain who denied the request, but claims against other officials for denying grievances and claims for cruel and unusual punishment and equal protection are dismissed.
• Cantrell Dunsmore v. Wells
  M.D. Fla.· 2024-06-27
  The court held that Plaintiff adequately alleged a Section 1983 claim against Sheriff Wells and Manatee County for deliberate indifference, but granted dismissal of punitive damages claims against Sheriff Wells and Manatee County.
• Santiago v. Lizenbee
  M.D. Fla.· 2024-06-25
  The court held that while the magistrate judge's denial of compelling pre-incident medical records was not clearly erroneous, the plaintiff must now execute a release for those records because his medical condition is at issue. The court also affirmed the denial of expenses.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-06-25
  John Montford, a serial litigant designated a "restricted filer" in 2008, filed suit in state court alleging a decades-long conspiracy by federal judges, state officials, and others to violate his constitutional rights through discriminatory practices and retaliatory decisions in
• Adkins v. Charlotte C.I.
  M.D. Fla.· 2024-06-25
  The court held that the plaintiff's second amended complaint states a plausible claim against Dr. Noe for an Eighth Amendment violation, but dismisses claims against other defendants for failure to state a claim.
• Hamilton v. Ardon
  S.D. Fla.· 2024-06-25
  The court held that the pro se prisoner's complaint failed to state a plausible claim for false arrest and was subject to dismissal.
• Frank v. Fine
  M.D. Fla.· 2024-06-25
  The court held that a plaintiff cannot challenge a facially constitutional statute by claiming lawmakers acted with an impermissible purpose, and that the plaintiff's complaint was an impermissible shotgun pleading.
• Hoever v. Whitehead
  M.D. Fla.· 2024-06-25
  The court held that the plaintiff failed to state a claim for First Amendment retaliation because the alleged adverse action (denial of television access) was a de minimis inconvenience and not sufficiently adverse to deter a person of ordinary firmness.
• Rodriguez v. Beamer
  M.D. Fla.· 2024-06-21
  A judge is absolutely immune from civil liability for acts taken in their judicial capacity, unless they act in the clear absence of all jurisdiction.
• Bonilla-Melgar v. Quilan
  M.D. Fla.· 2024-06-21
  The court held that the plaintiff's amended complaint, while an improvement, still fails to properly plead claims against defendants in their individual capacities and violates local rules regarding margins, requiring a second amended complaint.
• Peart v. State
  M.D. Fla.· 2024-06-14
  The Eleventh Amendment bars suits against a state in federal court absent waiver or abrogation of immunity, and Florida has not waived its immunity in federal civil rights actions.
• Wright v. Smith
  M.D. Fla.· 2024-06-14
  The court held that a plaintiff may not file duplicative complaints to expand their legal rights, and dismissed the current case for improper claim splitting.
• Owens v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-06-13
  A prisoner who has incurred three or more 'strikes' under 28 U.S.C. § 1915(g) cannot proceed in forma pauperis unless they allege specific facts showing imminent danger of serious physical injury.
• Wiltz v. Grieves
  M.D. Fla.· 2024-06-13
  A pro se plaintiff's civil rights complaint was dismissed without prejudice because it failed to state a viable claim for unlawful arrest or Miranda rights violation, and the State was immune from suit.
• Rivera v. Sergeant Marin R
  S.D. Fla.· 2024-06-11
  The court adopted the magistrate judge's recommendation to dismiss most claims, finding no plausible allegations for failure to intervene, supervisory liability, continuing seizure, or excessive force under the Fourth Amendment, but allowed amendment for supervisory liability.
• Paulk v. Sessler
  M.D. Fla.· 2024-06-10
  The court held that the plaintiff's allegations of negligence in failing to assist her into a transport van do not rise to the level of a constitutional violation under the Eighth Amendment.
• Santiago v. Waldron
  M.D. Fla.· 2024-06-10
  The court granted Defendant Walden's motion to dismiss, finding the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs. The court denied the FDOC Defendants' motion to dismiss regarding the plaintiff's failure to disclose litigation h
• Robinson v. Lamb
  M.D. Fla.· 2024-06-10
  The court held that the plaintiff failed to state a claim under the Eighth Amendment or Due Process Clause because the alleged injury did not rise to the level of an objectively serious condition and the defendants did not act with deliberate indifference, nor did the plaintiff h
• Malandrino v. Christmas
  S.D. Fla.· 2024-06-05
  The court held that it must abstain from hearing a civil-rights complaint when it interferes with ongoing state criminal proceedings and child custody matters, as no exceptions to the Younger abstention doctrine apply.
• Culmer v. JSO Sheriffs Dep't
  M.D. Fla.· 2024-06-04
  The court held that the plaintiff's pro se complaint failed to meet federal pleading standards and was deficient in multiple respects, requiring an amended complaint.
• Balaban v. Prummell
  M.D. Fla.· 2024-06-04
  The court granted in part and denied in part the motion to dismiss, ordering dismissal of certain counts and punitive damages while allowing others to proceed with an amended complaint.
• Joinville v. Nassau Cnty. Sch. Bd.
  M.D. Fla.· 2024-06-04
  The court granted in part and denied in part the motion to dismiss, dismissing the official capacity claim as duplicative but allowing the individual capacity claim to proceed with an opportunity for the plaintiff to amend his complaint.
• Lawson v. Captain Weinrich
  S.D. Fla.· 2024-06-03
  The court adopted the magistrate judge's report and recommendations, dismissing the complaint without prejudice because the plaintiff failed to demonstrate the imminent danger exception to the PLRA's three-strikes rule.
• Miller v. Willis
  M.D. Fla.· 2024-06-03
  The court held that while the two-man carry was reasonable force, other alleged uses of force presented genuine disputes of material fact precluding summary judgment. The court also found that punitive damages are not statutorily barred.
• Saunders v. City of Lakeland
  M.D. Fla.· 2024-06-03
  The court held that the plaintiff failed to state claims for violations of civil rights under 42 U.S.C. § 1983 and Title VI, and also failed to state a claim for negligence, warranting dismissal of the complaint.
• Thevenin v. Bradshaw
  S.D. Fla.· 2024-05-31
  The court held that a pro se plaintiff failed to state a claim under 42 U.S.C. § 1983 because the allegations did not establish a violation of a federal right, and amendment would be futile.