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

• Black v. Lane
  M.D. Fla.· 2024-03-22
  The court held that Eleventh Amendment immunity bars claims for monetary damages against state officials in their official capacities. The court also found that the use of force by Sgt. R. Molinski was not objectively unreasonable under the Eighth Amendment, and thus, summary jud
• Cuyler v. Wilson
  M.D. Fla.· 2024-03-20
  Judges and federal prosecutors are entitled to absolute immunity for actions taken in their official capacities, barring claims against them.
• Mahoney v. City of Bradenton
  M.D. Fla.· 2024-03-20
  The court held that the plaintiff adequately pleaded a First Amendment retaliation claim and a violation of Florida's Public Whistleblower Act, thus denying the defendant's motion to dismiss.
• Knight v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-03-19
  The court held that the plaintiff failed to state a claim against Centurion and dismissed her ADA, equal protection, due process, and privacy claims against it. The court also found that the plaintiff failed to properly exhaust administrative remedies regarding her claims against
• Le Clerc v. Guy
  M.D. Fla.· 2024-03-18
  The court held that the plaintiff failed to state a plausible claim for relief against the defendant judge and attorney under 42 U.S.C. § 1983.
• Kubisiak v. Gualtieri
  M.D. Fla.· 2024-03-18
  The court denied the defendants' motion for summary judgment and granted the plaintiff's motion regarding the counterclaim, finding that genuine disputes of material fact existed regarding probable cause for the arrest.
• Lenoir v. Thurson
  M.D. Fla.· 2024-03-15
  A prosecutor is entitled to absolute immunity for actions taken during a criminal prosecution, and a malicious prosecution claim requires termination in the plaintiff's favor.
• Balaban v. Winters
  M.D. Fla.· 2024-03-15
  The court held that the plaintiff failed to state a claim under Section 1983 against both the individual defendant and the municipality because the alleged conduct was private and not committed under color of state law, and the municipality's actions did not violate constitutiona
• Minott v. City of Fort Myers
  M.D. Fla.· 2024-03-15
  The Court granted the Defendants' Motions to Dismiss, finding the Amended Complaint to be a shotgun pleading and dismissing it without prejudice, while also expressing doubts about the viability of the Section 1983 claims.
• Howell v. Wells
  M.D. Fla.· 2024-03-15
  The court held that the plaintiff failed to state a viable § 1983 claim against any defendant and dismissed the complaint without prejudice, granting leave to amend.
• Green v. Trinity Servs. Grp., Inc.
  M.D. Fla.· 2024-03-11
  The court held that the amended complaint was insufficient to state a claim under 42 U.S.C. § 1983 because a single incident of finding a foreign object in food does not constitute a constitutional deprivation, and the plaintiff failed to plead a custom or policy of the defendant
• Smola v. Chronister
  M.D. Fla.· 2024-03-08
  The court held that the deputy's use of a single kick to subdue a suspect who had partially complied but still posed a potential threat was objectively reasonable and did not violate clearly established law, thus granting qualified immunity. The court also found the sheriff immun
• Percival v. Leduc
  M.D. Fla.· 2024-03-08
  Diana Percival sued a county sheriff and two deputies after they assisted her ex-boyfriend in entering her home without a warrant or valid consent and subsequently arrested her following a physical altercation. The court granted in part and denied in part the defendants' motions
• Norfleet v. Charlotte Cnty. Jail
  M.D. Fla.· 2024-03-07
  The court held that the plaintiff's complaint must be dismissed without prejudice due to procedural deficiencies and improper joinder of unrelated claims.
• Phillips v. Hendry Cnty. Jail
  M.D. Fla.· 2024-03-07
  The court held that a federal court must abstain from interfering with pending state criminal proceedings and that a § 1983 claim requires a state actor.
• Hall v. Carner
  M.D. Fla.· 2024-03-06 ·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiffs failed to state a plausible claim for relief regarding the FCCC's mail policy and shared tablet use, dismissing the complaint without prejudice.
• Lovett v. Lewis
  M.D. Fla.· 2024-03-05
  A judge and prosecutors are entitled to absolute immunity from damages for their official acts, and the Foreign Sovereign Immunities Act does not apply to individuals or provide immunity from criminal prosecution.
• Hill v. Hester
  M.D. Fla.· 2024-03-04
  The court held that the second amended complaint failed to state a claim against any defendant and the third amended complaint was improperly filed, but granted leave to file a fourth amended complaint.
• LaPread v. Buis
  M.D. Fla.· 2024-03-04
  The court held that the plaintiff's complaint failed to state a claim against the police department, under § 1981, or under Florida tort law due to insufficient specificity and failure to meet statutory requirements.
• Moretto v. Wilson
  M.D. Fla.· 2024-03-04
  The court held that while the plaintiff's motion to reopen is granted due to payment of the filing fee, he must file a second amended complaint to properly state his claims.
• Anderson v. Palm Beach Cnty. Sheriff's Off.
  S.D. Fla.· 2024-02-28
  The court held that the plaintiff's complaint failed to state a claim because the Interstate Agreement on Detainers (IADA) does not apply to pretrial detainees, and any claims challenging the fact or duration of his confinement are barred by the Younger abstention doctrine.
• Vick v. Hernando Cnty. Detention Ctr.
  M.D. Fla.· 2024-02-28
  The court held that the plaintiff failed to state a viable § 1983 claim in his third amended complaint, requiring dismissal without prejudice.
• Hatcher v. Sec'y, Dep't of Corr. (Duval)
  M.D. Fla.· 2024-02-27
  The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and the petitioner's claims did not meet these exceptions.
• Holmes v. City of Clearwater
  M.D. Fla.· 2024-02-26
  The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
• Fletcher v. Fox
  M.D. Fla.· 2024-02-23
  The court held that the plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 due to prosecutorial immunity, the non-state actor status of public defenders, and Younger abstention.
• Lorch v. Williams
  M.D. Fla.· 2024-02-22
  The court held that the plaintiff's complaint fails to state a plausible claim under 42 U.S.C. §1983 because the alleged conduct does not amount to a constitutional violation and claims challenging disciplinary reports are barred by the Heck doctrine.
• Barnett v. MacArthur
  M.D. Fla.· 2024-02-21
  The court held that consideration of attorney fees and costs is premature and should be deferred pending exhaustion of post-trial motions and appeals.
• Evans v. Rozas
  M.D. Fla.· 2024-02-21
  The court held that claims against the prosecutor and defense counsel are dismissed with prejudice, while claims against law enforcement officers are dismissed without prejudice pending amendment.
• Battle v. Miller
  S.D. Fla.· 2024-02-20
  The court held that the plaintiff's complaints were impermissible shotgun pleadings and failed to state a claim, but granted leave to amend.
• Pee v. Zimmerman
  S.D. Fla.· 2024-02-13
  The court held that the amended complaint was a shotgun pleading and dismissed it with leave to amend, while denying dismissal of some claims and granting dismissal of others.
• Demos v. Trump
  S.D. Fla.· 2024-02-12
  A magistrate judge has the authority to transfer a case for improper venue.
• Jones v. Waters
  M.D. Fla.· 2024-02-07
  The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
• Bowden v. Frost
  M.D. Fla.· 2024-02-06
  The court held that the plaintiff failed to exhaust administrative remedies and did not state a claim under the Eighth or Fourteenth Amendments.
• Pringle v. Caner, M.D.
  S.D. Fla.· 2024-02-05 ·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff's amended complaint failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
• Woodington v. City of Miami-Dade
  S.D. Fla.· 2024-02-05
  The court held that the plaintiff's official-capacity claims against officers and claims against the police department are dismissed, but his individual-capacity excessive force claim against the officers survives for now, with leave to amend the municipal liability claim.
• Denson, Jr. v. Kinney
  M.D. Fla.· 2024-02-04
  The court granted in part and denied in part defendant's motion in limine, excluding certain anticipated evidence and arguments as irrelevant or inadmissible under the Federal Rules of Evidence.
• Moya v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-02-02
  The court held that the pro se prisoner's complaint was dismissed for failure to state a claim and for seeking monetary relief from immune defendants. The court also dismissed the case for failure to pay the filing fee after a prior dismissal for the same reason.
• Cole v. City of Jacksonville
  M.D. Fla.· 2024-02-01
  The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 and that the defendants were immune from suit or the claims were otherwise deficient.
• Stewart v. Boone
  M.D. Fla.· 2024-02-01
  The court held that Plaintiff sufficiently alleged claims for excessive force and deliberate indifference to serious medical needs against certain defendants, but failed to state a claim against the John Doe defendant.
• Hill v. Centurion LLC.
  M.D. Fla.· 2024-01-31 ·via Section 1983
  Medical malpractice and negligence are not actionable under Section 1983; an inmate must allege deliberate indifference to a serious medical need.
• Sherman v. Willis
  M.D. Fla.· 2024-01-30
  The court held that the plaintiff's pro se complaint was deficient for failing to state plausible claims under federal rules and required an amended complaint.
• Moccia v. Town of Bay Harbor Islands
  S.D. Fla.· 2024-01-29
  The court held that the arresting officer had arguable probable cause to arrest the plaintiff for simple battery, entitling the officers to qualified immunity and granting summary judgment for all defendants.
• Brandwein v. The Bd. of Trs. of The Univ. of S. Fla.
  M.D. Fla.· 2024-01-29
  The Court granted in part and denied in part the motion to dismiss, dismissing most claims due to Eleventh Amendment immunity but granting leave to amend the Title IX claim.
• Kinney v. Marlett
  M.D. Fla.· 2024-01-29
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 for both conditions of confinement and deliberate indifference to medical needs.
• Henderson v. FNU Gahrmann
  M.D. Fla.· 2024-01-29
  Official-capacity claims are dismissed due to Eleventh Amendment immunity, but the individual-capacity failure-to-intervene claim against Defendant Gahrmann survives the motion to dismiss.
• Stanley v. Broward Cnty. Sheriff
  S.D. Fla.· 2024-01-26
  The court denied the defendant's motions for a new trial and judgment as a matter of law, finding that the court properly handled jury polling and instructions, and that the verdict was supported by sufficient evidence.
• Rizk v. Seminole Cnty. Sheriff
  M.D. Fla.· 2024-01-26
  A 69-year-old Egyptian-born naturalized U.S. citizen arrested for misdemeanor charges at the Seminole County Jail alleged that corrections deputies used excessive force against him during a strip search in 2018, choking him to unconsciousness and causing fractured ribs. The court
• Hanner v. Thomson
  M.D. Fla.· 2024-01-26
  The court held that the plaintiff failed to state a plausible claim for deliberate indifference against any of the named defendants, and thus granted the motion to dismiss.
• Roberts v. Burtz
  M.D. Fla.· 2024-01-25
  The court held that the plaintiff prisoner's allegations sufficiently pleaded claims for excessive force, failure to intervene, assault, and battery, thus denying the defendants' motions to dismiss based on qualified immunity and failure to state a claim.
• Sullenberger v. City of Coral Gables
  S.D. Fla.· 2024-01-24
  Sullenberger sued the City of Coral Gables and police officers under federal civil rights law after they arrested him at his home on December 2, 2017, when he was found holding a shotgun during a response to a burglar alarm. The district court dismissed his claims under 42 U.S.C.