42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Brenner v. Scott
  858 F. Supp. 2d 1063· N.D. Fla.· 2014-08-21 ·via Section 1983
• Nam Dang v. Sheriff of Seminole Cnty.
  M.D. Fla.· 2014-08-06
  The court held that the plaintiff's allegations were sufficient to state a claim for deliberate indifference to serious medical needs under § 1983 against the nurse defendants and the Sheriff, and therefore denied the motions to dismiss.
• In & for Kent Cnty. Gordon Smith
  Del. Super. Ct.· 2014-07-08
  The court granted summary judgment for the defendants, finding that valid arrest warrants defeated claims of false arrest, false imprisonment, and malicious prosecution. Various tort claims were barred by the State Tort Claims Act or failed for lack of evidence. Civil rights clai
• Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd.
  M.D. Fla.· 2014-03-06
  The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
• Est. of Jackson ex rel. Jackson-Platts v. Sandnes
  854 F. Supp. 2d 478· M.D. Fla.· 2014-02-03
  The court granted the motion to dismiss because the complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983, as the alleged conduct by private defendants did not constitute state action and much of the conduct was protected by litigation privilege.
• Pozdol v. City of Miami
  855 F. Supp. 2d 871· S.D. Fla.· 2014-01-29
  The court held that official capacity claims against municipal officers are redundant when the municipality is sued, and that supervisory liability requires a causal connection between the supervisor's actions and the constitutional violation.
• Graddy v. City of Tampa
  855 F. Supp. 2d 764· M.D. Fla.· 2014-01-23
  The court held that genuine issues of material fact exist regarding probable cause for the seizure after the plaintiff fled, thus denying summary judgment on that claim. The court also denied summary judgment on the unlawful seizure claim against one officer and the excessive for
• Tiara Condo. Ass'n v. Marsh
  850 F. Supp. 2d 795· S.D. Fla.· 2014-01-13
  The court held that an insurance broker may have an enhanced duty of care to advise a client on the amount of coverage prudently needed if a "special relationship" exists, and that genuine issues of material fact preclude summary judgment.
• Miccosukee Tribe of Indians of Florida v. Jewel
  855 F. Supp. 2d 857· S.D. Fla.· 2013-12-04
• Hudson v. City of Riviera Beach
  840 F. Supp. 2d 898· S.D. Fla.· 2013-11-13
  The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
• Weinstein v. City of N. Bay Vill.
  79 F. Supp. 443· S.D. Fla.· 2013-09-26
  The court held that the City's motion to dismiss was denied as to claims of a custom or practice of retaliation and a retaliatory suspension by a final policymaker, and that the City Manager was not entitled to quasi-judicial immunity at this stage and his qualified immunity defe
• Fed. Trade Comm'n v. IAB Mktg. Assocs., LP
  833 F. Supp. 2d 673· S.D. Fla.· 2013-09-18
  The court held that the defendants failed to demonstrate a likelihood of success on appeal and that equity favored preserving frozen assets for consumer redress over allowing defendants to use them for living expenses.
• United States v. Masilotti
  824 F. Supp. 2d 581· S.D. Fla.· 2013-08-07
• Abdullah v. Migoya
  810 F. Supp. 2d 771· S.D. Fla.· 2013-06-28 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff, a "three-striker" under the PLRA, failed to demonstrate he was in imminent danger of serious physical injury at the time of filing his complaint, thus he could not proceed in forma pauperis.
• In & for New Castle Cnty. Morgan McCaffrey v. City OF Wilmington
  Del. Super. Ct.· 2013-06-26
  The court granted in part and denied in part the defendants' motion for summary judgment. The court granted summary judgment in favor of the City of Wilmington, Sergeant Donald Bluestein, Sergeant Gerald Murray, Corporal Ralph Schifano, Master Sergeant Sherri Tull, and Chief Mich
• Kingcade v. Parker
  577 F. Supp. 2d 731· S.D. Fla.· 2013-06-13
  The court affirmed the magistrate judge's report, granting the motion to dismiss for failure to exhaust administrative remedies and dismissing the claims against all defendants.
• Lobianco v. Hayter
  1989 WL 245179· N.D. Fla.· 2013-05-14
• Pelcher v. City of Miami
  55 Fair Empl. Prac. Cas. (BNA) 1379· S.D. Fla.· 2013-05-08
• Belizaire v. City of Miami
  760 F. Supp. 1004· S.D. Fla.· 2013-04-16
  The court held that officers are entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right, and that negligent retention claims under Florida law apply only to acts committed outside the scope of employment.
• Malibu Media, LLC v. John Does 1
  5 I.E.R. Cas. (BNA) 1530· M.D. Fla.· 2013-02-13
  The court held that joinder of numerous John Doe defendants in a BitTorrent copyright infringement case is inappropriate due to potential for individualized defenses, case management issues, and increased costs, warranting severance.
• Prison Legal News v. Geo Grp., Inc.
  1989 WL 158497· N.D. Fla.· 2013-02-06
  The court denied the defendant's motion for partial summary judgment, finding that res judicata and collateral estoppel did not bar the plaintiff's claims.
• McGuinnes v. Novartis Pharms. Corp.
  248 F.R.D. 319· M.D. Fla.· 2013-02-04
  The court held that the plaintiff's counsel failed to demonstrate excusable neglect for the late filing of a motion to substitute a party after the plaintiff's death, and thus the action was properly dismissed.
• In re the complaint of Royal Caribbean Cruises Ltd.
  850 F. Supp. 2d 653· S.D. Fla.· 2013-02-04
  The liability waiver signed by the passenger is unenforceable under 46 U.S.C. § 30509 because it attempts to limit the cruise line's liability for negligence. Royal Caribbean is not exonerated from liability for failing to provide a competent jet ski operator, and its liability i
• J.P.M. ex rel. C.M. v. Palm Beach Cnty. Sch. Bd.
  499 F. Supp. 2d 521· S.D. Fla.· 2013-01-30
  Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
• Amerisure Ins. v. Orange & Blue Constr., Inc.
  191 F. Supp. 2d 154· S.D. Fla.· 2012-12-21
  The court held that Amerisure has no duty to defend or indemnify Epoch because the deceased worker was a statutory employee of Epoch, triggering workers' compensation and employer's liability exclusions in the insurance policy.
• Lawson v. City of Miami Beach
  371 F. Supp. 2d 1318· S.D. Fla.· 2012-12-11
  The court granted the motion to dismiss Counts I and II, finding that the officers had arguable probable cause for the arrest and that the plaintiff failed to sufficiently allege a First Amendment retaliation claim. The court also declined to exercise supplemental jurisdiction ov
• Drew C. Hartley v. Dep't OF Corr.
  101 So. 3d 912· Fla. 1st DCA· 2012-11-28
• S.S. v. Princeton House Charter Sch., Inc.
  118 F. Supp. 2d 675· M.D. Fla.· 2012-11-15
  The court held that the school's actions, while potentially negligent, did not rise to the level of "conscience shocking" conduct required for a substantive due process violation under § 1983, and thus granted summary judgment for the defendant on the federal claim and dismissed
• Simplexgrinnell, L.P. v. Del. Dep't OF Labor & Sec'y OF Labor John McMAHON
  Del. Ch.· 2012-10-31
  The court affirmed the dismissal of the employer's complaint, holding that the employer failed to exhaust its administrative remedies before seeking judicial relief. The court found that the dispute over worker classification fell within the scope of administrative review and tha
• Moulton v. DeSue
  602 F. Supp. 2d 711· M.D. Fla.· 2012-10-16
  The court held that genuine issues of material fact exist regarding whether the defendants acted with deliberate indifference to the deceased inmate's serious medical needs, precluding summary judgment and qualified immunity for most defendants. The court also found that the cons
• Coach, Inc. v. Swap Shop, Inc.
  712 F. Supp. 2d 440· S.D. Fla.· 2012-09-21
  The court held that the flea market operators and principal defendants could be liable for contributory trademark infringement and contributory copyright infringement, but not vicarious trademark infringement. Property owners who merely lease the land are not liable for contribut
• Juarez v. Verizon Servs. Corp.
  240 F. Supp. 2d 492· M.D. Fla.· 2012-08-30
  The court held that a genuine issue of material fact exists regarding whether the employer demoted the employee for retaliatory reasons due to FMLA leave or for legitimate business reasons, and that the employee's FMLA interference claim also survives summary judgment.
• IN & FOR Kent Cnty. Anthony J. Hunt
  Del. Super. Ct.· 2012-08-23
  The court granted summary judgment in favor of the State Defendants, finding that the plaintiff failed to establish genuine issues of material fact on any of his claims. The court determined that the alleged conduct did not rise to the level of intentional infliction of emotional
• Hoefling v. City of Miami
  699 F. App'x 783· S.D. Fla.· 2012-07-13
  Officers Roque and Gonzalez are entitled to qualified immunity for the destruction of the vessel, and the City of Miami is not liable under § 1983 for the alleged constitutional violations.
• Lelieve v. Oroso
  645 F. App'x 883· S.D. Fla.· 2012-02-14
  The court held that the defendant police officer is entitled to qualified immunity on the civil rights claim because the plaintiff failed to demonstrate an objectively serious medical need or an excessive delay in treatment. The court also found the negligence claim failed to sta
• Heflin v. Miami-Dade Cnty.
  823 F. Supp. 2d 1298· S.D. Fla.· 2011-11-01
  The court held that the officers were entitled to qualified immunity because their actions were objectively reasonable and did not violate the plaintiff's constitutional rights.
• Bloom v. Miami-Dade Cnty.
  816 F. Supp. 2d 1265· S.D. Fla.· 2011-09-16
  The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
• Hamilton v. Hall
  790 F. Supp. 2d 1368· N.D. Fla.· 2011-06-10
  The court held that the plaintiff's complaint stated a plausible claim under 42 U.S.C. § 1983 for a First Amendment violation, thus denying the defendant's motion to dismiss.
• Casey v. City of Miami Beach
  789 F. Supp. 2d 1318· S.D. Fla.· 2011-06-07
  The court held that the City of Miami Beach cannot be held vicariously liable for the alleged sexual battery committed by an officer, as such acts fall outside the course and scope of employment under Florida law.
• Fresenius Med. Care Holdings, Inc. v. Francois
  613 F. App'x 15· N.D. Fla.· 2011-05-27 ·via Section 1983
• Cherry v. City of St. Petersburg
  813 F. Supp. 2d 1351· M.D. Fla.· 2011-04-25
  The court held that a genuine issue of material fact exists regarding whether the officer used excessive force, thus denying the motion for summary judgment based on qualified immunity.
• Allen v. Sch. Bd. for Santa Rosa Cnty.
  782 F. Supp. 2d 1304· N.D. Fla.· 2011-03-21
  The court held that the defendants' motions to dismiss should be denied, and the plaintiffs' renewed motion for preliminary injunctive relief should be granted a hearing, because the plaintiffs sufficiently alleged standing and stated claims for relief.
• Smith v. Beasley
  775 F. Supp. 2d 1344· M.D. Fla.· 2011-03-14
  The court held that the plaintiff adequately alleged state action under the public function test and that the defendants' alleged failures constituted a deprivation of the child's constitutional right to physical safety, thus denying the motion to dismiss.
• Allen v. Sch. Bd. of Broward Cnty.
  782 F. Supp. 2d 1340· S.D. Fla.· 2011-03-02
  The court held that the defendant's actions did not shock the conscience, thus not violating the student's substantive due process rights, and granted summary judgment based on qualified immunity.
• Gomez v. Lozano
  759 F. Supp. 2d 1335· S.D. Fla.· 2011-01-21
  The court held that a malicious prosecution claim against a municipality is barred by sovereign immunity when malice is an element, and a § 1983 claim requires specific allegations of a municipal policy or custom causing constitutional violations.
• In & for Kent Cnty. Barbara Conley
  Del. Super. Ct.· 2011-01-11
  The court granted summary judgment for the Delaware Division of State Police (DSP), finding that the plaintiff failed to establish genuine issues of material fact regarding her claims of employment discrimination, retaliation under Title VII, and First Amendment retaliation. The
• Baxter v. Adam
  750 F. Supp. 2d 1313· N.D. Fla.· 2010-09-29
  The court adopted the Magistrate Judge's reports and recommendations, granting summary judgment on most claims but allowing claims against Bennett-Blake for denial of referral and Franklin for denial of Ibuprofen, a cane, and a no prolonged standing pass to proceed to trial.
• Keys Wi-Fi, Inc. v. City of Key W.
  752 F. Supp. 2d 1274· S.D. Fla.· 2010-09-28
  The court held that the City's denial of a height variance was supported by substantial evidence and did not violate the Federal Telecommunications Act, and declined supplemental jurisdiction over state law claims.
• Tracfone Wireless, Inc. v. Distelec Distribuciones Electronicas
  233 F.R.D. 289· S.D. Fla.· 2010-08-23
  The court held that service on a foreign corporation under Rule 4(f)(2) was improper if it did not comply with the foreign country's laws, but alternative service under Rule 4(f)(3) could be permitted even if not expressly authorized by foreign law, as long as it was not prohibit
• Lippman v. City of Miami
  724 F. Supp. 2d 1240· S.D. Fla.· 2010-07-19
  The court held that summary judgment was inappropriate for certain claims, allowing them to proceed to trial, while granting it for others.