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

• Mills v. Reed
  M.D. Fla.· 2022-06-08 ·via 42 U.S.C. § 1983 Claim
  The court held that claims against state agencies and officers in their official capacities are dismissed due to Eleventh Amendment immunity, and the plaintiff cannot seek criminal charges.
• Roberts v. Fla. Dep't of Corr.
  M.D. Fla.· 2022-06-08
  The court held that the plaintiff's pro se civil rights complaint was too vague and conclusory to proceed.
• Spencer v. Jones
  M.D. Fla.· 2022-06-07
  The court held that the plaintiff's deliberate indifference claim may proceed against Corizon and Centurion, and against Drs. Shah and Shubert, as the allegations sufficiently state a plausible claim for relief.
• Baptiste v. Olympia Heights Elementary Sch.
  S.D. Fla.· 2022-06-06
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, rendering her motion to proceed in forma pauperis moot and her motion for referral to a volunteer attorney program denied without prejudice.
• Casey v. Proctor
  N.D. Fla.· 2022-06-06
  The court recommended denying the motion for a preliminary injunction.
• Dohm v. Curry
  M.D. Fla.· 2022-06-03
  The court held that the plaintiff inmate's complaint failed to state a claim for relief under the Eighth Amendment and was properly dismissed.
• Yost-Rudge v. City of Stuart
  S.D. Fla.· 2022-06-02
  The Court adopts in part the Magistrate Judge's Report and Recommendation, dismissing the case without prejudice because the complaint fails to state a claim and the Court lacks jurisdiction over the remaining state law claims.
• Federal Republic Of Nigeria v. Mockler
  S.D. Fla.· 2022-06-01
  The court held that the plaintiff lacked standing to seek a preliminary injunction because he failed to establish a redressable injury or a credible threat of enforcement of the UCCJEA judgment.
• Young v. Corizon LLC
  M.D. Fla.· 2022-05-27
  The court dismissed the case without prejudice for failure to prosecute and comply with court orders, finding no lesser sanction would be adequate.
• Martinez Garin v. Menegazzo
  S.D. Fla.· 2022-05-25
  In this First Amendment retaliation and false arrest case, the district court denied the defendant officer's motion to dismiss claims arising from plaintiff's arrest at a 2020 Miami protest after he criticized police while filming and speaking through a megaphone. The court held
• Payrow v. Chronister
  M.D. Fla.· 2022-05-25
  The court held that the complaint contained shotgun pleading deficiencies and that certain claims against the Sheriff were barred by statute, warranting dismissal with leave to amend.
• Leyva v. Owojuyigbe
  M.D. Fla.· 2022-05-24
  The court held that the plaintiff failed to state a plausible claim for deliberate indifference to serious medical needs under the Eighth Amendment and that some claims may be time-barred.
• Brinis Fernandez v. State
  S.D. Fla.· 2022-05-23
  The court held that the State of Florida is immune from suit under 42 U.S.C. § 1983, and the plaintiff's claims for injunctive relief and damages are not cognizable under § 1983.
• Hernandez v. Wells
  M.D. Fla.· 2022-05-20
  The court held that a plaintiff must plead specific facts showing an officer lacked arguable probable cause to survive a motion to dismiss or defeat qualified immunity. The court granted dismissal for several claims where the plaintiff's allegations were conclusory or failed to d
• Saint-Vil v. City of Miami Beach
  S.D. Fla.· 2022-05-19
  Ronald Saint-Vil, an African American man, sued the City of Miami Beach and Officer Augustin Rodriguez for injuries arising from his arrest in November 2017, including claims for battery, false arrest, excessive force, and negligent training. The court granted summary judgment in
• Medina v. Barnes & Noble, Inc.
  M.D. Fla.· 2022-05-17
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendants were private entities and the plaintiff did not allege they acted under color of state law.
• Gwyn Jr. v. Kramer
  M.D. Fla.· 2022-05-16
  The court held that a federal prisoner cannot use a § 1983 action to challenge the fact or duration of his confinement, and such claims are barred by abstention doctrines.
• Ladies Mem'l Ass'n, Inc. v. City of Pensacola
  11th Cir.· 2022-05-16
  The Eleventh Circuit held that the district court erred by dismissing the case instead of remanding it to state court, as the plaintiffs lacked Article III standing, meaning the federal court never had subject matter jurisdiction.
• Wilburn v. Sheriff of Pasco Cnty.
  M.D. Fla.· 2022-05-16
  The court held that the plaintiff failed to adequately allege supervisory or municipal liability against the Sheriff under Section 1983 for a deputy's allegedly unlawful arrest.
• Wood v. State
  M.D. Fla.· 2022-05-10
  The court held that the case was properly removed to federal court and the amended complaint, being an impermissible shotgun pleading, is dismissed without prejudice with leave to amend.
• Winch v. Centurion of Fla., LLC
  M.D. Fla.· 2022-05-10
  The court held that the plaintiff's amended complaint was a "shotgun pleading" and failed to state a claim with sufficient particularity, requiring him to file a second amended complaint.
• Jones v. Dorminey
  M.D. Fla.· 2022-05-09
  The court held that the plaintiff failed to state a plausible claim for relief under the First, Fifth, Eighth, and Ninth Amendments.
• Fausten v. Lantana Police Dep't
  S.D. Fla.· 2022-05-06
  The court held that the plaintiff's complaint failed to state a claim for malicious prosecution under 42 U.S.C. § 1983.
• Taylor v. Castillo
  S.D. Fla.· 2022-05-06
  The court held that a pro se plaintiff's amended complaint must be dismissed because the action is barred by Younger abstention, Heck v. Humphrey, and prosecutorial immunity.
• Darrick Washington v. Black Lawyers for Justice
  Fla. 4th DCA· 2022-05-04
• Courthouse News Serv. v. Forman
  N.D. Fla.· 2022-05-04
  The court held that the Florida E-Filing Authority is an arm of the state and thus immune from suit, but its chair, Rushing, is a proper defendant for injunctive relief. The court also held that Clerk Forman is not a judicial officer for purposes of the FCIA and that docketing co
• Pease v. Goglin
  M.D. Fla.· 2022-05-03
  The court held that a prisoner's § 1983 claims must not necessarily imply the invalidity of his conviction, and certain defendants are immune or lack capacity to be sued.
• Roberts v. Burtz
  M.D. Fla.· 2022-05-03
  The court dismissed the plaintiff's excessive force claim without prejudice, allowing him to file an amended complaint. Claims against defendants in their official capacities were dismissed, and claims against two defendants in their individual capacities were dismissed for insuf
• Jones v. Barlow
  M.D. Fla.· 2022-05-02
  The court held that the jury's verdict was not against the manifest weight of the evidence and that the admission of unobjected-to testimony did not constitute plain error, thus denying the motion for a new trial.
• Depinto v. Shader
  N.D. Fla.· 2022-05-02
  The court held that the defendant is entitled to summary judgment because the plaintiff's disruptive behavior justified exclusion from public libraries and the defendant is protected by qualified immunity.
• Edom, Jr. v. Chronister
  M.D. Fla.· 2022-04-29
  Willie Edom, an African American deputy sheriff, sued the Hillsborough County Sheriff's Office for racial discrimination in violation of 42 U.S.C. § 1981 and the Fourteenth Amendment's Equal Protection Clause, claiming that he was terminated based on race after being investigated
• Kates v. Nocco
  M.D. Fla.· 2022-04-28
  The court held that the defendant's affirmative defenses were sufficiently pled to put the plaintiff on notice and therefore denied the plaintiff's motion to strike or for a more definite statement.
• McFadden v. Camacho
  M.D. Fla.· 2022-04-28
  The court held that the plaintiff inmate failed to state a plausible claim under the Eighth and Fourteenth Amendments against two defendants, and that claims against two other defendants were dismissed for improper venue.
• Battle v. Clay Cnty. Court
  M.D. Fla.· 2022-04-27
  The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 and that the court should abstain from interfering with pending state criminal proceedings.
• Paulk v. Benson
  S.D. Fla.· 2022-04-27
  The court held that the amended complaint fails to state a claim upon which relief can be granted against all defendants and is dismissed with prejudice.
• Cole v. Williams
  M.D. Fla.· 2022-04-25
  The court held that the plaintiff's complaint failed to state a claim for a federal constitutional violation due to insufficient factual allegations of deliberate indifference or denial of access to courts.
• Medina v. Ctrs. for Disease Control & Prevention
  M.D. Fla.· 2022-04-25
  The court held that the plaintiff's pro se complaint failed to state a claim for an Eighth Amendment violation because the allegations did not sufficiently plead deliberate indifference to a serious medical need.
• Bright v. City of Tampa
  M.D. Fla.· 2022-04-25
  The court denied the plaintiff's motions, adopting the magistrate judge's recommendation to dismiss the third amended complaint for failing to comply with federal rules regarding shotgun pleadings.
• Watson v. Sumpter
  M.D. Fla.· 2022-04-25
  The court held that the plaintiff's amended complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege a violation of federal law or actual injury, and granted the plaintiff leave to amend.
• Hayes v. Starling
  S.D. Fla.· 2022-04-25
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and thus dismissed the action with prejudice.
• Green v. Zuelke
  M.D. Fla.· 2022-04-21
  The court denied defendants' motion for summary judgment, finding genuine disputes of material fact regarding the Eighth Amendment claims.
• Woods v. Reeve
  S.D. Fla.· 2022-04-20
  The court granted in part and denied in part the motion for protective order, requiring disclosure of limited financial information and whether privately owned firearms were used during the incident.
• Duvivier v. Fla. State Prison
  M.D. Fla.· 2022-04-19
  The court held that the plaintiff's pro se complaint failed to state a claim upon which relief could be granted and was therefore dismissed without prejudice.
• Davis v. Marceno
  M.D. Fla.· 2022-04-18
  The court held that the estate failed to present sufficient evidence of deliberate indifference to the detainee's serious medical needs or causation, thus summary judgment for the defendants was warranted.
• Squitieri v. Nocco
  M.D. Fla.· 2022-04-18
  Attorneys are sanctioned under Rule 11 for filing frivolous shotgun pleadings and RICO claims, and under 28 U.S.C. § 1927 for multiplying proceedings in derivative cases by filing shotgun pleadings. Plaintiffs are sanctioned under 42 U.S.C. § 1988 for bringing frivolous § 1983 cl
• Oliphant v. Lenny Curry
  M.D. Fla.· 2022-04-15
  The court held that the plaintiff's amended complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
• Mitchell v. Williams
  M.D. Fla.· 2022-04-14
  The court held that the plaintiff failed to state a plausible claim for relief under 42 U.S.C. § 1983 against either defendant.
• Dumond v. Carrington
  S.D. Fla.· 2022-04-14
  The court held that the plaintiff's complaint must be dismissed because it failed to establish federal subject-matter jurisdiction and did not state a claim upon which relief could be granted.
• Paulk v. Bradshaw
  S.D. Fla.· 2022-04-14
  The court held that the plaintiff's amended complaint failed to state a claim for deliberate indifference to a serious medical need.
• Clervrain v. Rushing
  M.D. Fla.· 2022-04-13
  The court held that the plaintiffs' complaint was frivolous and dismissed it with prejudice.