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

• Doherty v. Deputy Mark Borrow
  S.D. Fla.· 2024-01-23
  The court held that excessive force claims against two deputies may proceed, but claims against medical providers, a supervisor, and the county are dismissed.
• Gilbert v. Eleventh Jud. Cir. of Miami-Dade Cnty.
  S.D. Fla.· 2024-01-22
  The court held that the plaintiff's civil rights complaint must be dismissed because the defendants are immune from suit and the claims are barred by Heck v. Humphrey.
• Kinard v. The Fla. Dep't of Corr.
  M.D. Fla.· 2024-01-22
  The court held that the plaintiff failed to state a plausible claim for deliberate indifference under the Eighth Amendment against Dr. Cordero and Centurion, and also failed to state a claim against the FDOC under the ADA and RA.
• Berger v. Walker
  M.D. Fla.· 2024-01-19
  The court held that the plaintiff failed to allege sufficient facts to state a claim for Eighth Amendment deliberate indifference or First Amendment retaliation against Dr. Cruz-Vera, and thus granted the motion to dismiss.
• Chestnut v. Williams
  M.D. Fla.· 2024-01-18
  The court held that Plaintiff failed to state a plausible conspiracy claim against the nurse defendants, but denied the motion to strike and found Plaintiff had exhausted administrative remedies for the conspiracy claim.
• Kelly v. Jett
  M.D. Fla.· 2024-01-18
  The court held that the plaintiff's Fourth Amendment claims under 42 U.S.C. § 1983 are barred by the Heck v. Humphrey doctrine because a judgment in his favor would necessarily imply the invalidity of his prior convictions.
• Nelson v. Sgt. Starling
  M.D. Fla.· 2024-01-12
  The court held that the plaintiff inmate failed to properly exhaust administrative remedies as required by the PLRA and FDOC procedures.
• Harris v. Goodwin
  M.D. Fla.· 2024-01-12
  The court held that the plaintiff failed to exhaust administrative remedies, and therefore his claims against Assistant Warden Goodwin are dismissed. Claims against Officer Foster are dismissed due to unexecuted service.
• Henderson v. Dep't of Corr.
  M.D. Fla.· 2024-01-11
  The court held that the plaintiff's claims failed to state a claim upon which relief could be granted and were therefore dismissed.
• Sumpter v. State
  S.D. Fla.· 2024-01-11
  The court held that the pro se complaint failed to state a claim upon which relief could be granted and was therefore dismissed.
• Keaton v. Cartwright
  M.D. Fla.· 2024-01-10
  The court held that the plaintiff's claims for declaratory relief and monetary damages against defendants in their official capacities are dismissed due to lack of standing and Eleventh Amendment immunity, respectively.
• Warren v. DeSantis
  11th Cir.· 2024-01-10
  Andrew Warren, an elected state attorney suspended by Florida Governor Ron DeSantis, sued under federal law claiming the suspension violated his First Amendment rights when DeSantis punished him for signing advocacy statements on abortion and transgender rights and for implementi
• Jalieba v. Crim
  M.D. Fla.· 2024-01-10 ·via 42 U.S.C. § 1983 Action
  The court held that the pro se plaintiff's complaint was deficient for failing to state a claim and violating pleading rules, but granted an opportunity to amend.
• Hamze v. Sergeant Gerow
  M.D. Fla.· 2024-01-10
  The court held that the plaintiff failed to properly exhaust administrative remedies because his grievances focused on a disciplinary report rather than the excessive force claims raised in his complaint.
• Ghandour v. City of Miami Dade
  S.D. Fla.· 2024-01-09
  The court held that the City of Miami is entitled to sovereign immunity for the plaintiff's claims, and Officer Davis is entitled to qualified immunity on the First Amendment retaliation claim, but not on the false arrest and excessive force claims.
• Wheat v. Bradshaw
  S.D. Fla.· 2024-01-05
  The court held that the pro se plaintiff's complaint failed to state a claim for deliberate indifference to unconstitutional conditions of confinement and that his motion to proceed in forma pauperis was insufficient.
• Gaston v. Lake Cnty.
  M.D. Fla.· 2024-01-04
  The court held that public defenders are not state actors for § 1983 claims, and claims against Lake County defendants failed for lack of policy/custom. Claims against the clerk were dismissed due to quasi-judicial immunity. Some retaliation claims against deputies remain.
• Jones v. Miami Police
  S.D. Fla.· 2024-01-03
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted and constituted a shotgun pleading, warranting dismissal.
• Bradley v. City of Tampa
  M.D. Fla.· 2024-01-03
  The court held that the plaintiff failed to state a municipal liability claim against the City of Tampa and that the claim against the chief of police was redundant.
• Christensen v. Bowden
  M.D. Fla.· 2024-01-03
  The court held that claims against supervisory defendants (Bowden, Underhill, King) for denying grievances fail to state a claim, and claims for monetary damages against defendants in their official capacities are barred by the Eleventh Amendment.
• Andrews v. Ciccone
  M.D. Fla.· 2024-01-03
  The court held that the plaintiff inmate sufficiently exhausted his administrative remedies despite his appeals being returned without action, as the appeals were improperly rejected by prison officials.
• Ray v. State
  M.D. Fla.· 2024-01-02
  A pro se plaintiff's complaint was dismissed because it constituted an impermissible shotgun pleading and failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
• Davis v. Reddish
  M.D. Fla.· 2024-01-02
  Four death row inmates challenged the constitutionality of Florida's lethal injection protocol, arguing that the three-drug combination of etomidate, rocuronium bromide, and potassium acetate poses a substantial risk of serious pain in violation of the Eighth Amendment, and seeki
• Brant v. Palmer
  M.D. Fla.· 2024-01-02
  Consolidating four related federal cases, the court ruled on discovery disputes in death row inmates' Eighth Amendment challenges to Florida's three-drug lethal injection protocol using etomidate, rocuronium bromide, and potassium acetate. The court granted the inmates' motions t
• Stinson v. Williams
  S.D. Fla.· 2023-12-28
  The court held that a motion for reconsideration is an extraordinary remedy not to be used for rearguing decided issues or presenting new arguments improperly.
• Ferrer v. Deandre
  S.D. Fla.· 2023-12-22
  The court held that official capacity defendants are immune from monetary damages and the plaintiff failed to state a plausible claim for failure to protect against the remaining defendants.
• Hill v. Aramark, LLC
  M.D. Fla.· 2023-12-21
  The court held that the Florida Department of Corrections is immune from suit under the Eleventh Amendment, and thus claims for monetary relief against it must be dismissed.
• Davis v. Mina
  M.D. Fla.· 2023-12-21 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court denied the defendants' motion for sanctions seeking dismissal because the defendants failed to provide proof of proper notice for the plaintiff's depositions.
• Bishins v. United States Sec'y of Health & Human Servs.
  M.D. Fla.· 2023-12-20
  The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted, dismissing all counts for lack of subject-matter jurisdiction or failure to exhaust administrative remedies.
• Sherman v. Spitzer
  M.D. Fla.· 2023-12-20
  Supervisory officials cannot be held liable under § 1983 based solely on vicarious liability or for responding to grievances; claims against them are dismissed if no personal participation or causal connection is alleged.
• Clunn v. Buis
  M.D. Fla.· 2023-12-19
  The Court denied the City of Clearwater's motion to dismiss state law claims, finding that sovereign immunity did not apply at this stage and that factual allegations were sufficient to potentially support claims for negligent hiring and retention.
• Felix v. Sierra
  S.D. Fla.· 2023-12-19
  The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
• Tensley v. Sprint / The New T-Mobile
  M.D. Fla.· 2023-12-19 ·via 42 U.S.C. § 1983 Claim Elements
  The court held that the complaint must be dismissed without prejudice for lack of subject matter jurisdiction because the plaintiff failed to adequately invoke federal question or diversity jurisdiction.
• McGill v. Wells Fargo Bank N/A
  S.D. Fla.· 2023-12-19
  The court held that a private party's alleged failure to inform law enforcement of a mistake does not constitute a deprivation of due process under 42 U.S.C. § 1983, as the Fourteenth Amendment's protections do not extend to actions by private actors.
• Dempsey v. Brevard Cnty.
  M.D. Fla.· 2023-12-18
  The court adopted the magistrate judge's report and granted summary judgment for the defendant, finding no genuine dispute of material fact regarding the plaintiff's obstruction charge.
• Corpus v. Yen
  M.D. Fla.· 2023-12-15
  The court dismissed claims against Nurse Gardener for failure to state a claim and denied the motion for injunctive relief, but allowed the claim against Dr. Le Yen to proceed pending service.
• Watson III v. State
  M.D. Fla.· 2023-12-15
  The court held that the plaintiff's complaint improperly joined unrelated claims and failed to state a claim upon which relief could be granted, but granted leave to amend the medical claim.
• Felix v. Canovas
  S.D. Fla.· 2023-12-15
  The Court held that federal courts must abstain from hearing civil rights claims that challenge the legality of matters within the scope of a pending state prosecution, absent narrow exceptions.
• Garnet v. Morshedian
  S.D. Fla.· 2023-12-14
  The court held that the Third Amended Complaint was a shotgun pleading and dismissed it with prejudice because the plaintiff failed to heed prior warnings and warnings that further deficiencies would result in dismissal without leave to amend.
• Williams v. Ried
  M.D. Fla.· 2023-12-14
  The court held that the plaintiff's pro se complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
• Hatcher v. Cardenas
  M.D. Fla.· 2023-12-14 ·via 42 U.S.C. § 1983 Action
  The court held that a speedy trial claim seeking release must be brought as a habeas corpus petition, not a § 1983 action.
• Bailey v. Lopez-Rivera
  N.D. Fla.· 2023-12-13
  The court held that claims against the Department of Corrections are barred by Eleventh Amendment immunity, state-law medical malpractice claims are dismissed for failure to comply with presuit requirements, and the § 1983 deliberate indifference claim against Dr. Lopez-Rivera fa
• Blake v. Young
  M.D. Fla.· 2023-12-12
  The court held that a prisoner's claim of being placed on property restriction does not state a claim for an Eighth Amendment violation.
• The Mad Room LLC v. The City of Miami
  S.D. Fla.· 2023-12-12
  Ball & Chain LLC and Taquerias, restaurants in Miami's Little Havana neighborhood, sued the City of Miami under Section 1983 alleging that City Commissioner Joe Carollo orchestrated a pattern of harassment through inspections, ordinances, and code enforcement actions motivated by
• Puglia v. Nienhuis
  M.D. Fla.· 2023-12-11
  The court held that a probationary deputy sheriff in Florida does not have a constitutionally protected property interest in their employment, thus precluding a procedural due process claim.
• Johnson v. Thomas
  M.D. Fla.· 2023-12-11
  The court held that the plaintiff's allegations of verbal harassment and a single slap, without resulting harm or constitutional violation, fail to state a claim under 42 U.S.C. § 1983.
• Cooper-Levy v. City of Miami
  S.D. Fla.· 2023-12-11
  Homeless individuals sued the City of Miami under Section 1983, alleging that the city violated their Fourth Amendment and due process rights by seizing and destroying their personal property during encampment cleanups without adequate notice or opportunity to recover their belon
• Comley v. Lawson
  M.D. Fla.· 2023-12-08
  The court held that a pro se plaintiff's civil rights complaint must be dismissed for failure to state a claim, as claims were barred by Younger abstention, judicial immunity, or lacked an adequate legal basis.
• Delvalle v. Furricci
  M.D. Fla.· 2023-12-07
  A mistake made during surgery, even if constituting medical malpractice, does not rise to the level of deliberate indifference required for an Eighth Amendment claim.
• Moretto v. Securus Techs.
  M.D. Fla.· 2023-12-07
  The court held that the plaintiff failed to state a claim under the Takings Clause of the Fifth Amendment, as the issue was a customer service dispute, not a governmental taking.