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

• White v. Miami-Dade Cnty.
  S.D. Fla.· 2024-05-29
  Tyrone White, a Black police officer over age 40, sued Miami-Dade County and its former Police Director J.D. Patterson for race discrimination, age discrimination, hostile work environment, and retaliation arising from his demotion, termination, and failures to promote. The court
• Hall v. Masters
  M.D. Fla.· 2024-05-29
  Summary judgment is granted for the defendant because the plaintiff failed to establish causation and the subjective element of deliberate indifference.
• Diaz v. Dixon
  N.D. Fla.· 2024-05-29
  The court held that a plaintiff's failure to comply with court orders, by filing an amended complaint with entirely new allegations instead of addressing deficiencies, warrants dismissal.
• Thomas v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-05-28
  The court held that the plaintiff's allegations sufficiently plead deliberate indifference to serious medical needs against the nurse and physician, thus denying their motion to dismiss.
• Barr v. Denmark
  S.D. Fla.· 2024-05-28
  The court held that the existence of an arrest warrant, supported by arguable probable cause, bars claims for false arrest and malicious prosecution under both federal and state law, and grants qualified immunity to the officers.
• Bowen v. Blais
  M.D. Fla.· 2024-05-28
  The court held that Plaintiff's allegations of malice were sufficient to state a claim for malicious prosecution and negligent hiring/retention, but failed to establish a municipal policy or custom for a § 1983 claim.
• White v. Centurion of Fla. LLC
  M.D. Fla.· 2024-05-28
  The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs under 42 U.S.C. § 1983.
• Cantrell Dunsmore v. Wells
  M.D. Fla.· 2024-05-24
  The court held that the pendency of motions to dismiss, standing alone, does not constitute good cause or reasonableness to stay discovery.
• Starks v. City of Miami Gardens
  S.D. Fla.· 2024-05-24
  Dr. Robin Starks, a police major, sued Miami Gardens and Police Chief Delma Noel-Pratt alleging retaliation for whistleblowing under Florida law and for her First Amendment-protected speech after she was terminated following an investigation into alleged malfeasance and improper
• Heath v. Miami-Dade Cnty.
  S.D. Fla.· 2024-05-23
  Angela Heath, suing as administrator of her deceased son Randy Heath's estate, brought Eighth Amendment claims under 42 U.S.C. § 1983 against Miami-Dade County for deliberate indifference to serious medical needs and failure to train jail staff to properly care for inmates with m
• Hanner v. Thomson
  M.D. Fla.· 2024-05-23
  The court held that the plaintiff's amended complaint failed to state a plausible claim for deliberate indifference against any of the named defendants.
• Williams v. Dixon
  M.D. Fla.· 2024-05-23
  Elmer Williams, a former inmate with prostate cancer and mobility issues, sued the Florida Department of Corrections and medical contractors for Eighth Amendment deliberate indifference and First Amendment retaliation, alleging defendants delayed his cancer treatment and denied h
• Reed v. Williams
  M.D. Fla.· 2024-05-22
  The court held that the plaintiff failed to state a claim for malicious prosecution because the arrest warrant was supported by probable cause, and the supervisory liability claim failed due to the absence of an underlying constitutional violation.
• Marion v. Citrus Cnty. Sheriff's Off.
  M.D. Fla.· 2024-05-21
  The court held that the plaintiff's action was not frivolous, unreasonable, or without foundation, and therefore denied the defendant's motion for attorney's fees.
• Emanuel v. Petrick
  S.D. Fla.· 2024-05-17
  The court held that the pro se plaintiff's complaint must be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) because it lacks arguable merit in law or fact.
• Rivero v. Monroe Country Sheriffs Off.
  S.D. Fla.· 2024-05-14
  The court granted the motion to dismiss, finding that the Sheriff's Office was an improper defendant, official capacity claims were redundant, individual capacity claims against the Sheriff failed for lack of personal involvement, and the remaining claims were barred by qualified
• Brown v. Does
  M.D. Fla.· 2024-05-13
  The court held that the plaintiff's third amended complaint failed to state a claim upon which relief could be granted and must be dismissed without prejudice, with leave to amend.
• Kroft v. ONeal
  M.D. Fla.· 2024-05-13
  The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Florida's four-year statute of limitations for personal injury actions.
• Provitola v. Comer
  M.D. Fla.· 2024-05-09
  Defendants are entitled to attorney's fees under 42 U.S.C. § 1988 because the plaintiff's case was frivolous and lacked arguable merit, and under 28 U.S.C. § 1927 due to the plaintiff's vexatious multiplication of proceedings.
• Evans v. Rozas
  M.D. Fla.· 2024-05-09
  The court held that it must abstain from interfering with ongoing state criminal proceedings, staying the federal case until those proceedings conclude.
• Watkins v. Gualtieri
  M.D. Fla.· 2024-05-08
  The court held that the deputy sheriff was entitled to qualified immunity on the Section 1983 claim because his conduct did not violate a clearly established constitutional right, and the state law battery claim was dismissed without prejudice.
• Vega v. State
  M.D. Fla.· 2024-05-06
  The court held that the plaintiff's amended complaint fails to state a claim upon which relief can be granted and is dismissed.
• Murray v. Taylor
  M.D. Fla.· 2024-05-06
  The court granted the defendants' motion to stay discovery and case deadlines pending resolution of their motion to dismiss.
• Fernandez v. Puentes
  S.D. Fla.· 2024-05-06
  The court held that federal courts must abstain from hearing a civil-rights complaint that is inextricably bound up with an ongoing state-court criminal prosecution under the Younger abstention doctrine.
• Sherman v. Baker
  M.D. Fla.· 2024-05-02
  The court held that the plaintiff inmate sufficiently alleged an Eighth Amendment claim for excessive force, and thus the defendant's motion to dismiss was denied.
• Wojciechowski v. City of New Port Richey
  M.D. Fla.· 2024-04-25
  The court held that the plaintiff's allegations sufficiently stated a claim under Section 1983 against the City for policy or custom, but dismissed claims against Driscoll for lack of specificity and granted the City's motion regarding sovereign immunity for certain tort claims,
• Manago v. Smith
  M.D. Fla.· 2024-04-24
  The court held that the plaintiff inmate sufficiently exhausted his administrative remedies by filing an informal grievance that was approved and referred to the Inspector General's Office, even though he did not complete the subsequent formal grievance and appeal stages.
• Stoddard v. Heilig
  M.D. Fla.· 2024-04-24
  The court held that the plaintiff sufficiently exhausted administrative remedies for his failure to protect claims and that his request for punitive damages is not statutorily barred.
• Hartigan v. Hernando Cnty.
  M.D. Fla.· 2024-04-24
  The court held that a state has broad power to impose taxes, and a property owner cannot claim a constitutional right is violated by the imposition of a property tax, especially when the arguments resemble frivolous 'sovereign citizen' theories.
• Dimanche v. Jackson
  M.D. Fla.· 2024-04-23
  The court adopted in part the Magistrate Judge's Report and Recommendation, finding the Second Amended Complaint to be an impermissible shotgun pleading and striking certain claims and defendants, but granting Plaintiff one final opportunity to amend.
• Cartagena v. Hillsborough Cnty. Sheriff's Dep't
  M.D. Fla.· 2024-04-19
  A sheriff's office is not a suable entity under Florida law, and claims challenging the validity of a conviction are barred by Heck v. Humphrey unless the conviction has been invalidated.
• New Muslim Party v. State
  S.D. Fla.· 2024-04-19
  The court held that the pro se civil rights complaint must be dismissed because it was filed outside the applicable four-year statute of limitations.
• Smith v. Waxrnan
  S.D. Fla.· 2024-04-17
  The court held that prosecutors and witnesses are immune from suit, defense attorneys are not state actors, and the plaintiff failed to state a false arrest claim due to arguable probable cause.
• Jones v. Lamb
  M.D. Fla.· 2024-04-17
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
• St. Clair v. Mutz
  M.D. Fla.· 2024-04-15
  Seven officers who allegedly used excessive force against a suspect after he surrendered are not entitled to qualified immunity, but the officer who deployed a K-9 is entitled to judgment on that action.
• Adkins v. Charlotte C.I.
  M.D. Fla.· 2024-04-15
  The court held that the plaintiff's complaint failed to state a plausible claim for deliberate indifference to serious medical needs.
• Garcia v. Ptak
  M.D. Fla.· 2024-04-12
  The court held that the amended complaint failed to state a claim against the defendants in their official capacities because it did not allege an official policy or custom that caused the constitutional violation.
• Perry v. Roos
  M.D. Fla.· 2024-04-11
  The Court dismissed the pro se plaintiff's complaint because federal courts must abstain from intervening in ongoing state criminal proceedings absent extraordinary circumstances.
• Pelosi-Dahl v. Johnson
  M.D. Fla.· 2024-04-10
  A public defender performing traditional legal functions is not acting under color of state law for § 1983 claims, and speedy trial claims for release require habeas corpus.
• Steverson v. Dixon
  M.D. Fla.· 2024-04-10
  The court held that the complaint failed to state a claim against most defendants, but allowed the plaintiff to amend his complaint regarding claims against Dr. Miller and Nurse Uney.
• Pringle v. Duncan
  M.D. Fla.· 2024-04-09
  The court held that the plaintiff's civil rights claim was properly dismissed because it failed to state a plausible claim and was barred by the statute of limitations.
• Wallace v. Stephenson
  S.D. Fla.· 2024-04-08
  A pro se prisoner's civil-rights complaint alleging confiscation of a prison-issued tablet and purchased music fails to state a claim because the prisoner lacks a constitutionally protected property interest in the tablet and has adequate post-deprivation remedies under state law
• Lenoir v. Love
  M.D. Fla.· 2024-04-05
  Rex Lenoir, a Duval County Jail detainee, filed a pro se § 1983 civil rights action alleging constitutional violations arising from his June 2021 arrest, including suggestive identification procedures, illegal search, and excessive force. The court dismissed the complaint for fai
• McCabe v. Pinellas Cnty.
  M.D. Fla.· 2024-04-05
  The court held that the pro se plaintiff failed to state a viable § 1983 claim against the Sheriff's Department or Sheriff Gualtieri, and that claims based solely on state law are not actionable under § 1983.
• Bright v. City of Tampa
  M.D. Fla.· 2024-04-04
  A pro se litigant is not entitled to free copies of court documents beyond those already provided by the Clerk's office, even when proceeding in forma pauperis.
• Riegel v. The Sch. Bd. of Lee Cnty.
  M.D. Fla.· 2024-04-01
  The court held that a First Amendment retaliation claim based on a 2013 contract non-renewal and rejection for an audit committee position were properly dismissed, but the claim regarding the Director of Risk Management position was sufficiently pleaded to survive dismissal.
• Holmes v. Clearwater Police Dep't
  M.D. Fla.· 2024-03-28
  Officers are entitled to qualified immunity because they had arguable probable cause to arrest and strip search the plaintiff, thus not violating clearly established constitutional rights.
• Norfleet v. Charlotte Cnty. Jail
  M.D. Fla.· 2024-03-25
  The court held that the plaintiff's amended complaint was deficient and failed to state a claim, warranting dismissal.
• King v. Miami-Dade Cnty.
  S.D. Fla.· 2024-03-25
  The court held that Detective Pinero was entitled to qualified immunity because his mistaken arrest of the plaintiff was reasonable under the Fourth Amendment, and the plaintiff failed to show that her rights were clearly established. The county was also granted immunity.
• Pennington v. Centurion Health Inc.
  S.D. Fla.· 2024-03-22
  The court held that Plaintiff failed to exhaust administrative remedies for most claims, but granted leave to amend the complaint to focus on the claim for which remedies were exhausted. The court also held that Florida's pre-suit notice requirements for medical malpractice do no